Coulter Property Management, Inc. v. James

This case is before us on remand from the Oregon Supreme Court. Coulter Property Management, Inc. v. James, 328 Or 164, 970 P2d 209 (1998). In reversing our previous decision, the Supreme Court concluded that we erred in our interpretation of the Oregon Residential Landlord Tenant Act (RLTA) and in our holding that Restatement (Second) of Torts § 358 (1965) governs a landlord’s common-law liability to a tenant. The Supreme Court’s decision results in reinstatement of a judgment in favor of defendant (tenant) and against plaintiff (landlord) on tenant’s counterclaim based on violations of the…