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HOWELL v. BOYLE

(U.S. Court of Appeals for the Ninth Circuit 0936153; SC S059120).

298 P.3d 1 (2013)

353 Or. 359

Jean Marie HOWELL, Plaintiff, v. Christopher David BOYLE and City of Beaverton, Defendants.

Supreme Court of Oregon.

Decided March 14, 2013.

Reassigned April 24, 2012.

Attorney(s) appearing for the Case

Janet M. Schroer , Hoffman Hart & Wagner, LLP, Portland, argued the cause for defendants. With her on the opening and reply briefs was Marjorie A. Speirs .

Michael H. Bloom , Michael H. Bloom PC, Salem, argued the cause and filed the brief for plaintiff.

Erin C. Lagesen , Assistant Attorney General, John R. Kroger , Attorney General, and Mary H. Williams , Solicitor General, Salem, filed a brief on behalf of amicus curiae State of Oregon.

Roy Pulvers , Hinshaw & Culbertson LLP, Portland, filed a brief on behalf of amicus curiae Oregon Health & Science University.

Harry Auerbach , Chief Deputy City Attorney, Portland, filed a brief on behalf of amicus curiae League of Oregon Cities.

Lisa T. Hunt and Kathryn H. Clarke , Portland, filed a brief on behalf of amicus curiae Oregon Trial Lawyers Association.

Before BALMER, Chief Justice, KISTLER, WALTERS, LINDER, and LANDAU, Justices, and DURHAM and DE MUNIZ, Senior Judges, Justices Pro Tempore.

LANDAU, J.

This case is before the court on certified questions of Oregon law from the United States Court of Appeals for the Ninth Circuit (Ninth Circuit). See generally ORS 28.200 to 28.255 (granting authority to answer certified questions and describing procedure). The questions arise out of an action for personal injury brought in federal district court against defendant Boyle and his employer, the City of Beaverton, for injuries that plaintiff suffered...

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