Opinion
CC 89-2012; CA A74792; SC S41235
Argued and submitted January 5, 1995,
Affirmed by an equally divided court June 13, 1996 Reconsideration denied July 23, 1996
On review from the Court of Appeals.
Appeal from Columbia County Circuit Court, Donald L. Kalberer, Judge. 126 Or. App. 309, 868 P.2d 770 (1994).
Hank McCurdy, Portland, argued the cause and filed the petition for petitioner on review.
I. Franklin Hunsaker, of Bullivant, Houser, Bailey, Pendergrass Hoffman, Portland, argued the cause and filed the brief for respondent on review.
David J. Riewald and Kirk S. Peterson, of Bullard, Korshoj, Smith Jernstedt, Portland, filed a brief on behalf of amicus curiae Oregon Association of Defense Counsel.
MEMORANDUM OPINION
Affirmed by an equally divided court.