Opinion
(CC 9611-08404; CA A98656; S.C. S45971)
Filed: July 26, 2001
On petition for review filed December 8, 1998.
Appeal from Multnomah County Circuit Court, Joseph Ceniceros, Judge. 157 Or. App. 191, 972 P.2d 1229 (1998).
Margaret F. Weddell, Portland, filed the petition for petitioner on review.
Thomas W. Sondag, of Lane Powell Spears Lubersky, LLP, Portland, filed the response for respondent on review.
Before CARSON, Chief Justice, and GILLETTE, DURHAM, LEESON, and RIGGS, Justices.
Van Hoomissen, J., retired December 31, 2000, and did not participate in the decision of this case; Kulongoski, J., resigned June 14, 2001, and did not participate in the decision of this case. De Muniz, J., did not participate in the consideration or decision of this case.
MEMORANDUM OPINION
The petition for review is allowed. The decision of the Court of Appeals is vacated. The case is remanded to the Court of Appeals for further consideration in light of Smothers v. Gresham Transfer, Inc., 332 Or. 83, 23 P.3d 333 (2001).