PARKER v. PARKER

05CV0210MA; A135187.

195 P.3d 428 (2008)

223 Or. App. 137

Darryl PARKER, true name Darrell Parker, Plaintiff-Appellant, v. Ty PARKER, Defendant-Respondent.

Court of Appeals of Oregon.

Decided October 15, 2008.


Attorney(s) appearing for the Case

Donald E. Oliver, Redmond, argued the cause for appellant. On the briefs were Karen E. Duncan and Oliver & Duncan.

William E. Flinn, Bend, argued the cause for respondent. With him on the brief was Hurley Re, PC.

Before SCHUMAN, Presiding Judge, and ORTEGA, Judge, and CARSON, Senior Judge.


SCHUMAN, P.J.

A jury rejected plaintiff's allegation that defendant negligently caused the death of plaintiff's horse when defendant's dog chased the horse into a fence and the horse had to be euthanized. Before the case went to the jury, the parties filed motions for partial summary judgment on the question of whether plaintiff had to prove negligence, as defendant argued, or whether ORS 609.140(1), set out below, creates statutory liability that does not require...

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