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PIAZZA EX REL. PIAZZA v. KELLIM

120100270; A153286.

354 P.3d 698 (2015)

271 Or. App. 490

Patricia PIAZZA, acting on behalf of Farley PIAZZA and Associates and as Personal Representative of the Estate of Martha Paz de Noboa Delgado, Deceased, Plaintiff-Appellant, v. Bryan KELLIM, dba 99 Pawn & Guns, Defendant, and Five Stars, Inc., dba The Zone; Concept Real Estate, LLC; Concept Entertainment Group, LTD.; Rotary International and Rotary International District 5100, Defendants-Respondents.

Court of Appeals of Oregon.

Decided June 3, 2015.

Attorney(s) appearing for the Case

J. Randolph Pickett , Portland, argued the cause for appellant. With him on the briefs were R. Brendan Dummigan , Kimberly O. Weingart , and Pickett Dummigan LLP; Benjamin B. Grandy and Benjamin B. Grandy, PC.

Jonathan Henderson , Portland, argued the cause for respondents Rotary International and Rotary International District 5100. With him on the brief were William Davis and Davis Rothwell Earle & Xochihua, PC.

James L. Hiller , Portland, argued the cause for respondents Five Stars, Inc., dba The Zone, Concept Real Estate, LLC, and Concept Entertainment Group, LTD. With him on the brief was Hitt Hiller Monfils Williams LLP.

Before LAGESEN, Presiding Judge, and TOOKEY, Judge, and EDMONDS, Senior Judge.

This case requires us to again address the issue of how to determine when criminal conduct by a third party is foreseeable to another for purposes of Oregon negligence law. In particular, it requires us to consider whether the plaintiff in this case alleged sufficient facts in his complaint to withstand a motion to dismiss under ORCP...

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