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FRAKER v. BENTON COUNTY SHERIFF'S OFFICE

0010060; A125743.

166 P.3d 1137 (2007)

214 Or. App. 473

Carley FRAKER and Carol Fraker, individually and as guardian ad litem for Kelsey Fraker, a minor, Plaintiffs-Appellants, v. BENTON COUNTY SHERIFF'S OFFICE, Benton County Community Corrections, and Lincoln County Sheriff's Office, Defendants, and Debbie Marie Cottengim, Defendant-Respondent.

Court of Appeals of Oregon.

Decided August 22, 2007.

Attorney(s) appearing for the Case

Paul B. Meadowbrook, Salem, argued the cause and filed the brief for appellants.

Rod M. Jones, Salem, argued the cause and filed the brief for respondent.

Before WOLLHEIM, Presiding Judge, and BREWER, Chief Judge, and EDMONDS, Judge.

BREWER, C.J.

In this negligence action, plaintiffs, a mother and her two daughters, appeal from a limited judgment granting summary judgment in favor of defendant.1 The trial court concluded, as a matter of law, that plaintiffs had not presented evidence that would allow a jury to determine that defendant was liable for the harm that befell plaintiffs under either a special relationship or a general foreseeability theory. On appeal, plaintiffs...

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