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BRANT v. TRI-COUNTY MET. TRANS.

061212831; A138202.

213 P.3d 869 (2009)

230 Or. App. 97

Bolek BRANT, guardian ad litem for Halina Brant-Zawadski, Plaintiff-Appellant, v. TRI-COUNTY METROPOLITAN TRANSIT DISTRICT OF OREGON, dba Tri-Met, Defendant-Respondent.

Court of Appeals of Oregon.

Decided August 5, 2009.

Attorney(s) appearing for the Case

J. Randolph Pickett, Portland, argued the cause for appellant. With him on the briefs were Melissa A. Bobadilla and Pickett Dummigan Aguilar LLP.

Keith M. Garza, Salem, argued the cause and filed the brief for respondent.

Before EDMONDS, Presiding Judge, and SERCOMBE, Judge, and NORBY, Judge pro tempore.

EDMONDS, P.J.

Plaintiff,1 a passenger on a bus owned and operated by Tri-County Metropolitan Transportation District of Oregon (Tri-Met), brought this negligence action against Tri-Met, alleging that she fell from her seat because of the bus driver's negligent operation of the bus. Tri-Met moved for summary judgment under ORCP 47 on plaintiff's claim, and the trial court granted the motion, reasoning that, although plaintiff presented...

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