917 P.2d 1024
CC 89-2012; CA A74792; SC S41235Oregon Supreme Court.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.[*]
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.
Before Carson, Chief Justice, and Gillette, Van Hoomissen, Unis, Graber and Durham, Justices.[**]
MEMORANDUM OPINION
Affirmed by an equally divided court.
Page 336
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