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THOMAS v. DILLON FAMILY LTD. PARTNERSHIP II

A172292.

511 P.3d 43 (2022)

319 Or. App. 429

Tasheema THOMAS, Plaintiff-Respondent, v. DILLON FAMILY LIMITED PARTNERSHIP II, an Oregon limited partnership; and Dillon Property Management LLC, an Oregon limited liability company, Defendants-Appellants.

Court of Appeals of Oregon.

May 4, 2022.

Attorney(s) appearing for the Case

Jay W. Beattie , Portland, argued the cause for appellants. There on the briefs was Lindsay Hart, LLP.

Willard E. Merkel , Portland, argued the cause for respondent. There on the brief was Merkel & Associates.

Before Ortega, Presiding Judge, and Shorr, Judge, and Powers, Judge.

This appeal raises one legal issue: may a landlord raise the statutory affirmative defense of comparative fault, ORS 31.600, when a tenant alleges that her premises included an uninhabitable condition under the Oregon Residential Landlord and Tenant Act (ORLTA) that caused her personal-injury damages? At several points both pretrial and...

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