Filed: August 12, 1999

JUDY M. BRAY, Personal
Representative for the Estate
of Roy William Bray,

Petitioner on Review,

v.

AMERICAN PROPERTY MANAGEMENT
CORP., an Oregon corporation,

Respondent on Review,

and

JOSEPH E. WESTON, MARILYN
WESTON and AMERICAN PROPERTY
MANAGEMENT CORP., a general
partnership doing business as
Weston Investment Co.,

Defendants.

En Banc

On review from the Court of Appeals.*

On petition for review filed December 9, 1998.

Maureen Leonard and Dennis H. Elliott, Portland, filed the petition for petitioner on review.

Thomas M. Christ, Portland, filed the response and memorandum for respondent on review.

Douglas G. Schaller and Marilyn A. Heiken, of Johnson, Clifton, Larson & Corson, P.C., Eugene, filed the brief for amicus curiae Oregon Trial Lawyers Association.

MEMORANDUM OPINION

The petition for review is allowed. The decision of the Court of Appeals is vacated. The case is remanded to the Court of Appeals for further consideration in light of Fearing v. Bucher, 328 Or 367, 977 P2d 1163 (1999), and Lourim v. Swenson, 328 Or 380, 977 P2d 1157 (1999).

*Appeal from Multnomah County Circuit Court,

Harl M. Haas, Judge.

156 Or App 356, 965 P2d 426 (1998).