Opinion
Nos. 040606531; A129985.
Submitted December 11, 2008.
January 7, 2009.
Appeal from the Multnomah County Circuit Court. Dale R. Koch, Judge. (Limited Judgment — September 13, 2005)
Jerry B. Hodson, Judge. (Limited Judgments — December 23, 2005; December 27, 2005; March 13, 2006)
Gary I. Grenley, James F. Marron, and Grenley, Rotenberg, Evans, Bragg Bodie, P.C., filed the opening brief for appellant. Peter J. Viteznik and Kilmer, Voorhees Laurick, PC, filed the reply brief.
Michael T. Stone and Brisbee Stockton, LLC, and Stephen E. Archer and Smith Freed Eberhard, PC, and Marc Carlton and Williams Kastner Gibbs PLLC, filed the joint brief for respondents.
Before Haselton, Presiding Judge, and Armstrong, Judge, and Rosenblum, Judge.
PER CURIAM
Reversed and remanded.
Plaintiff appeals, challenging the allowance of summary judgment for defendants in a construction defect case. Defendants acknowledge that, in light of Harris v. Suniga, 344 Or 301, 180 P3d 12 (2008), the allowance of summary judgment was erroneous. We accept that concession as well founded.
Reversed and remanded.