Court of Appeals of Oregon August 5, 1998, 9404560CV; CA A94869 (Shirley v. Tolbert)

HASELTON, J.

This case is before us on remand from the Oregon Supreme Court, 327 Or 98, 957 P2d 147 (1998), to reconsider in light of Alderman v. Davidson, 326 Or 508, 954 P2d 779 (1998). We reverse and remand for further proceedings.

In our original opinion, Shirley v.