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TOWE v. SACAGAWEA, INC.

CC 084951L2; CA A142775; SC S059896.

347 P.3d 766 (2015)

357 Or. 74

Billie Charles TOWE, Petitioner on Review, v. SACAGAWEA, INC., dba Re/Max Equity Group, Inc.; Re/Max International, Inc.; and Rick J. Matthews; Defendants, and Rick J. Matthews and Sherry Matthews, dba Mountain View Rock; Re/Max Ideal Properties, Inc.; Respondents on Review.

Supreme Court of Oregon.

Resubmitted January 7, 2013.

Decided March 26, 2015.

Attorney(s) appearing for the Case

Robert Udziela , Portland, argued the cause for petitioner on review. With him on the brief were J. Randolph Pickett , R. Brendan Dummingan , Kristen West , and Kimberly O. Weingart , Pickett Dummigan LLP, Portland.

Andrew Grade , Fotouhi Epps Hillger Gilroy Mau PC, Lake Oswego, argued the cause and filed the brief for respondents on review Rick J. and Sherry Matthews, dba Mountain View Rock. David O. Wilson , Law Offices of Thomas A. Andersen, Eugene, filed the brief for respondent on review Re/Max Ideal Properties, Inc.

Shenoa L. Payne , Haglund Kelley Jones & Wilder, LLP, Portland, filed a brief on behalf of amicus curiae Oregon Trial Lawyers Association.

Before, Balmer, Chief Justice, and Kistler, Walters, Linder, Brewer, and Baldwin, Justices.

Plaintiff was injured while riding his motorcycle on a private road that provided access to several pieces of property. On the upper part of the access road, a cable had been stretched across the road to prevent entrance to a quarry at the end of the access road. Plaintiff failed to see the cable in time to stop and was injured when his...

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