Colonial Penn Insurance v. Aery

Plaintiff appeals after the trial court granted defendants’ ORCP 21 motions and entered judgments of dismissal.1 We affirm in part and reverse in part.

Plaintiff filed a complaint against defendants that alleged these facts: Plaintiffs insured, Olafson, was a tenant in a mobile home park that was owned or managed by defendant Portland Mobile Home Park Limited Partnership (PMHPLP). At PMHPLP’s direction, defendant Aery (Aery) removed a protective retaining wall that had been in front of Olafson’s mobile home. An uninsured motorist lost control of his car and struck Olafson’s home. She was…