Shires v. Cobb

This is a negligence action in which plaintiff alleges that defendant Cobb, an employee of defendant Arden-Mayfair acting within the course and scope of her employment, “negligently identified” the plaintiff to police and caused robbery charges to be filed against him. The jury returned a verdict for the plaintiff and both defendants appeal. For the first time on appeal, the defendants demur to the complaint on the ground that it fails to state facts sufficient to constitute a cause of action. ORS 16.260(6). ①

This case arose out of a robbery of a Mayfair Market in Salem on January 7, 1972,…