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BAKER v. CROSLIN

110607278; A151932.

330 P.3d 698 (2014)

264 Or. App. 196

Jennifer J. BAKER, Personal Representative of the Estate of Tyler R. Baker, Plaintiff-Appellant, v. Matthew A. CROSLIN, Defendant-Respondent, and Tyler Gregory Smith, Defendant.

Court of Appeals of Oregon.

Decided July 9, 2014.

Attorney(s) appearing for the Case

Jan K. Kitchel argued the cause for appellant. With him on the briefs were Andrew J. Lee , Jordan R. Silk , and Schwabe, Williamson & Wyatt, P.C., Portland.

James L. Hiller argued the cause for respondent. With him on the brief was Hitt Hiller Monfils Williams LLP., Portland.

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

LAGESEN, J.

This case arises out of a terrible accident. Tyler Baker, Tyler Smith, and Matthew Croslin, among others, gathered at Croslin's house to watch the fourth game of the 2010 National Basketball Association finals. The three, who had been friends since childhood, all legally possessed handguns that they carried that evening. When the game was nearly over — having consumed a fair amount of alcohol — the...

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