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GATTUCCIO v. AVERILL

101116582; A149789.

362 P.3d 691 (2015)

273 Or. App. 126

Michael GATTUCCIO, as Personal Representative of the Estate of Mary T. Gattuccio Pence, Plaintiff-Appellant, v. Colleen A. AVERILL, an individual; and New York Life Insurance Co., a foreign corporation, Defendants, and The O.N. Equity Sales Company, a foreign corporation, Defendant-Respondent.

Court of Appeals of Oregon.

Decided August 19, 2015.

Attorney(s) appearing for the Case

Andrew T. Reilly , Portland, argued the cause for appellant. With him on the briefs was Black Helterline LLP.

Marion H. Little, Jr. , Ohio, argued the cause for respondent. On the brief were P. Andrew McStay, Jr. , and Davis Wright Tremaine LLP.

Before ARMSTRONG, Presiding Judge, and NAKAMOTO, Judge, and EGAN, Judge.

Plaintiff appeals the trial court's limited judgment dismissing his claim of elder abuse against defendant, The O.N. Equity Sales Company (ONESCO), under ORCP 21 A(8) for failure to state a claim. The trial court determined that ONESCO was exempt from liability by operation of ORS 124.115(1),

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