BAZZAZ v. HOWE

Nos. CV09080800, A146490 (Control), A146505.

325 P.3d 775 (2014)

262 Or. App. 519

Alan BAZZAZ and Fatma Bazzaz, Plaintiffs-Appellants, v. William J. HOWE, III, Defendant-Respondent. William J. Howe, III, Third-Party Plaintiff-Appellant, v. The Piculell Group, Inc., an Oregon corporation; Marylhurst Place Homeowners Association, an Oregon association; City of Lake Oswego and Cypress Properties, Ltd., an Oregon corporation, Third-Party Defendants, and Alan Bazzaz and Fatma Bazzaz, Respondents. Hamed Merlohi, Intervenor-Plaintiff, v. William J. Howe, III, Defendant.

Court of Appeals of Oregon.

Decided April 30, 2014.


Attorney(s) appearing for the Case

James T. McDermott argued the cause for appellants-respondents Alan Bazzaz and Fatma Bazzaz. With him on the briefs were Ciaran P.A. Connelly and Ball Janik LLP.

John L. Langslet argued the cause for respondent-appellant William J. Howe, III. With him on the briefs was Martin Bischoff Templeton Langslet & Hoffman LLP.

Before Nakamoto, Presiding Judge, and Egan, Judge, and Schuman, Senior Judge.


NAKAMOTO, P.J.

Plaintiffs brought claims for negligence, trespass, timber trespass, ultrahazardous activity, and private nuisance against defendant, their neighbor, alleging that actions defendant took on his property triggered landslides that destroyed plaintiffs' home. Plaintiffs appeal from a jury verdict and general judgment in favor of defendant. On appeal, plaintiffs pursue two assignments of error with regard to their negligence claim: the trial court erred...

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