AMERICAN CASUALTY CO. v. CORUM, 321 Or. 135 (1995)

894 P.2d 461

AMERICAN CASUALTY COMPANY, a corporation, Petitioner on Review/Respondent on Review, v. Aaron T. CORUM; A.D.; Tuality Community Hospital, Inc., an Oregon non-profit corporation, Defendants, M.J.N., Respondent on Review/Petitioner on Review, and TRUCK INSURANCE EXCHANGE, a California Corporation, Respondent on Review.

CC 9110-06813; CA A78835; SC S41978, S41979Oregon Supreme Court.Submitted on petitions for review filed January 25, 1995 Petitions for review allowed,
Decision of the Court of Appeals vacated Case remanded to the Court of Appeals for consideration May 18, 1995

In Banc

On review from the Court of Appeals.[*]

[*] Appeal from Multnomah County Circuit Court, Stephen L. Gallagher, Jr., Judge. 131 Or. App. 445, 885 P.2d 726 (1994).

Kim Jefferies, of Wood Tatum Sanders Murphy, Portland, filed the petition on behalf of petitioner on review/respondent on review American Casualty Company.

Robert D. Bulkley, Jr., of Markowitz, Herbold, Glade Mehlhaf, P.C., Portland, filed the petition on behalf of respondent on review/petitioner on review M.J.N. With him on the petition were Richard A. Kasson and Robert P. Stafford, of Kasson and Associates, Tigard.

Page 136

Thomas W. Brown, of Cosgrave, Vergeer Kester, Portland, filed a response brief on behalf of respondent on review Truck Insurance Exchange.

MEMORANDUM OPINION

The petitions for review are allowed. The decision of the Court of Appeals is vacated and the case is remanded to the Court of Appeals for consideration in the light of Ledford v. Gutoski, 319 Or. 397, 877 P.2d 80 (1994).

Page 137