Bergman v. Holden

Plaintiff petitions the Supreme Court for review of our decision reversing the trial court, which had entered judgment in plaintiffs favor. 118 Or App 530, 848 P2d 141 (1993). We treat the petition as one for reconsideration, allow it, modify our opinion and adhere to it as modified.

Plaintiff argues that we erred in concluding that defendant could not be found liable under Restatement (Second) Torts sections 876(a) and (b), 1 as the trial court found, because

“there is no direct evidence that defendant knew anything about the conduct of the other defendants. There is no evidence that he knew…