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McDONALD v. SARRIUGARTE

03-10244; A125704.

124 P.3d 614 (2005)

202 Or. App. 702

Margaret Ruth McDONALD, personal representative of the Estate of Katana Vollmer, deceased, Appellant, v. Dennis SARRIUGARTE, Respondent. Dennis Sarriugarte, Third-Party Plaintiff, v. Diane R. Lusk, personal representative of the Estate of Navita H. Vollmer, deceased, Third-Party Defendant.

Court of Appeals of Oregon.

Decided November 23, 2005.

Attorney(s) appearing for the Case

Michael T. Wise, Portland, argued the cause for appellant. With him on the briefs was Michael Wise & Associates, P.C.

Dennis W. Percell, Eugene, argued the cause for respondent. With him on the brief was Arnold Gallagher Saydack Percell Roberts & Potter, P. C.

Before SCHUMAN, Presiding Judge, and BREWER, Chief Judge, and LANDAU, Judge.

SCHUMAN, P.J.

Six-year-old Katana Vollmer, riding in a car driven by her mother, died when that car veered off a road in Benton County and fell into the Willamette River. Plaintiff, the personal representative of the child's estate, brought this action on her behalf against defendant, the driver of another car, arguing that defendant's negligent driving was a substantial contributing factor to the accident and the child's...

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