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STEWART v. KIDS INC. OF DALLAS, OR

07P1791; A139501.

261 P.3d 1272 (2011)

245 Or. App. 267

Jack STEWART, guardian ad litem for Jane Doe, Plaintiff-Appellant, v. KIDS INCORPORATED OF DALLAS, OR, an Oregon non-profit corporation; and SLD, INC., an Oregon corporation, dba Dairy Queen of Dallas, Defendants-Respondents.

Court of Appeals of Oregon.

Decided August 31, 2011.

Attorney(s) appearing for the Case

William D. Brandt argued the cause and filed the briefs for appellant. With him on the briefs was William D. Brandt, P.C.

David Doyle , Salem, argued the cause and filed the brief for respondent Kids Incorporated of Dallas, OR.

Matthew J. Kalmanson , Portland, argued the cause for respondent SLD, Inc. With him on the brief was Hoffman Hart & Wagner LLP.

Before WOLLHEIM, Presiding Judge, and SERCOMBE, Judge, and DUNCAN, Judge.

DUNCAN, J.

Plaintiff brought this action for negligence against defendants Kids Incorporated of Dallas, Or (Kids Inc.), and SLD, Inc., dba Dairy Queen of Dallas (Dairy Queen), seeking damages for injuries sustained by plaintiffs ward, Jane Doe, when she was sexually assaulted while attending a car wash fund-raiser sponsored by Kids Inc. at Dairy Queen's restaurant. Defendants each moved to dismiss on the ground that plaintiffs complaint "fail[ed] to state ultimate...

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