FILED: June 18, 2009
IN THE SUPREME COURT OF THE STATE OF OREGON
JOEL TERENCE ABBOTT,
Petitioner on Review,
v.
JACQUES A. DEKALB
and STATE OF OREGON,
Respondents on Review.
(CC 04CV0283ST; CA A131204; SC S056430)
En Banc
On review from the Court of Appeals.*
Submitted on the briefs March 18, 2009.
Joel Terence Abbott filed the brief on behalf of himself.
Andrew C. Balyeat filed the brief for respondent on review Jacques DeKalb.
Erin C. Lagesen, Assistant Attorney General, Salem, filed the brief for respondent on review State of Oregon.
Michael A. Greene filed a brief for amicus curiae Oregon Trial Lawyers' Association.
PER CURIAM
The petition for review is dismissed as improvidently allowed.
*Appeal from Deschutes County Circuit Court, Barbara Haslinger, Judge. 221 Or App 339, 190 P3d 413 (2008).
PER CURIAM
We allowed review in this case to decide a question about the rule set out in Stevens v. Bispham, 316 Or 221, 238, 851 P2d 556 (1993):