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BERG OBO ESTATE OF HIGBEE v. BENTON

A165572.

443 P.3d 714 (2019)

297 Or. App. 323

Irene BERG, Personal Representative, ON BEHALF OF the ESTATE OF Deborah Lee HIGBEE, aka Deborah Lee Benton, Plaintiff-Respondent, v. Lynn Edward BENTON, Defendant-Appellant.

Court of Appeals of Oregon.

May 1, 2019.

Attorney(s) appearing for the Case

Jessie Y. Minger , Portland, argued the cause for appellant. On the opening brief were Jan K. Kitchel , Casey M. Nokes , and Cable Huston, LLP. On the reply brief were Jan K. Kitchel and Cable Huston, LLP.

J. William Savage , Portland, argued the cause for respondent. On the brief was also J. William Savage, P.C.

Before Ortega, Presiding Judge, and Egan, Chief Judge, and Powers, Judge.

Defendant appeals a judgment awarding money damages to plaintiff, the personal representative of the Deborah Higbee estate, in a wrongful death action. Defendant was accused of participating in Higbee's murder and, after a jury trial, he was convicted of two counts of aggravated murder, one count of attempted murder, and two counts...

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