WALDNER v. STEPHENS

(CC 03C21165; CA A127595; SC S055351).

200 P.3d 556 (2008)

345 Or. 526

Dave WALDNER, Michelle Kasper, Jacob Lahmann and Michelle Kasper, As Guardian Ad Litem For Joshua Bush and Hanna Waldner, Minors, Petitioners on Review, v. Stephen STEPHENS, Respondent on Review. Stephen Stephens, Third-Party Plaintiff, v. Tran Co., an Oregon corporation, Third-Party Defendant.

Supreme Court of Oregon, En Banc.

Decided December 31, 2008.


Attorney(s) appearing for the Case

Robert K. Udziela, Beaverton, argued the cause and filed the brief for petitioners on review.

Thomas W. Brown, of Cosgrave Vergeer Kester LLP, Portland, argued the cause and filed the brief for respondent on review. With him on the brief was Julie A. Smith.

Arthur C. Johnson, and Douglas G. Schaller, of Johnson, Clifton, Larson and Schaller, P.C., Eugene, filed the brief for amicus curiae Pamela J. Pearson.


GILLETTE, J.

In this action alleging negligence and other claims, plaintiffs sought damages from their former landlord for various injuries that, they alleged, had resulted from unhealthful conditions in a dwelling that they rented from that landlord. On defendant's ORCP 21 A(8) motion, the trial court concluded that plaintiffs had failed to state a claim in common-law negligence, that the only claims that plaintiffs had pleaded were subject to the one-year...

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