188 P.3d 468

Theresa SHIPLEY, as Personal Representative of the Estate of Paul Shipley, deceased, Plaintiff-Appellant, v. CITY OF SALEM, a political subdivision of the State of Oregon, Defendant-Respondent.

Nos. 05C13151; A132834.Oregon Court of Appeals.Submitted June 12, 2008.
July 9, 2008.

Appeal from the Marion County Circuit Court, Thomas M. Hart, Judge.

Brady Mertz filed the brief for appellant.

Aaron D. Felton, Assistant City Attorney, filed the brief for respondent. With him on the brief was City of Salem Legal Department.

Before Haselton, Presiding Judge, and Armstrong, Judge, and Rosenblum, Judge.

PER CURIAM

Reversed and remanded. Baker v. City of Lakeside, 343 Or 70, 164 P3d 259
(2007).

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