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McPHERSON v. OREGON DEPT. OF CORRECTIONS

Nos. A126885 (Control), A126886.

152 P.3d 918 (2007)

210 Or. App. 602

Bertha McPHERSON, Plaintiff-Appellant, v. STATE of Oregon, acting by and through DEPARTMENT OF CORRECTIONS, acting by and through Oregon State Correctional Institution, acting by and through Oregon State Police; Jim Bartlett; Greg Kanne; Brian J. Bemus; Jeff Hanson; Lawrence E. Daniels; John Doe 1; John Doe 2; Paul W. Scharn; Julian T. Ruiz; Edward J. Shones; Marion County, acting by and through Marion County Sheriff's Office; City of Salem, acting by and through Salem Police Department; Troy Bowser; Patrick Tope; Jamin Dumas; and James Pate, Defendants-below, and Ronald Halter, dba Lancaster Gardens and Janet Halter, dba Lancaster Gardens, Defendants-Respondents. Charles McPherson, Plaintiff-Appellant, v. State of Oregon, acting by and through Department of Corrections, acting by and through Oregon State Correctional Institution, and acting by and through Oregon State Police; Jim Bartlett; Greg Kanne; Brian J. Bemus; Jeff Hanson; Lawrence E. Daniels; Paul W. Scharn; Julian T. Ruiz; Edward J. Shones; Marion County, acting by and through Marion County Sheriff's Office; City of Salem, acting by and through Salem Police Department; and John Doe 1 and John Doe 2, Defendants-below, and Ronald Halter, dba Lancaster Gardens and Janet Halter, dba Lancaster Gardens, Defendants-Respondents.

Court of Appeals of Oregon.

Decided January 31, 2007.

Attorney(s) appearing for the Case

Thomas W. Sondag, Portland, argued the cause for appellants. With him on the briefs was Lane Powell PC.

Marjorie Speirs, Portland, argued the cause for respondents. With her on the brief was Janet M. Schroer.

Before LANDAU, Presiding Judge, and SCHUMAN and ORTEGA, Judges.

SCHUMAN, J.

On Christmas eve, 2001, an escaped convict named Leighton Bates entered a stand-alone laundry shed in Lancaster Gardens, a Salem apartment complex owned by defendants, where he restrained, assaulted, and repeatedly raped plaintiff Bertha McPherson. He also restrained and assaulted her teenaged son, plaintiff Charles McPherson. Plaintiffs each brought an action alleging that defendants were negligent in failing to provide safe premises.

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