SCHIELE v. MONTES

160514228; A134051.

218 P.3d 141 (2009)

231 Or. App. 43

Jim Dale SCHIELE, Plaintiff-Appellant, v. Mark MONTES, Cheryl Montes and the City of Springfield, Defendants-Respondents.

Court of Appeals of Oregon.

Decided September 23, 2009.


Attorney(s) appearing for the Case

David C. Force, Eugene, argued the cause and filed the briefs for appellant.

Gregory E. Skillman, Eugene, argued the cause for respondents Mark Montes and Cheryl Montes. On the brief were Danna C. Fogarty and Skillman & Fogarty, P.C.

Robert E. Franz, Jr., Springfield, argued the cause for respondent City of Springfield. On the brief were Andrea M. Nagles and Law Office of Robert E. Franz, Jr.

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


ORTEGA, J.

Plaintiff appeals a general judgment dismissing with prejudice his claim for intentional infliction of emotional distress and dismissing without prejudice his other claims, in which he sought damages based on emotional distress. We reverse and remand.

The relevant facts are procedural and undisputed. Plaintiff brought claims for malicious prosecution against Mark Montes; for intentional infliction of emotional distress (IIED) against Cheryl Montes...

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