Philibert v. Kluser

Decision Date30 September 2015
Docket NumberA156192.,13CV01410
Citation274 Or.App. 195,361 P.3d 610 (Mem)
PartiesStacie PHILIBERT, in her capacity as guardian ad litem for Cameron Hollenbeck–Hatch and Domanick Hollenbeck–Hatch, Plaintiff–Appellant, v. Dennis Dixon KLUSER, Defendant–Respondent.
CourtOregon Court of Appeals

Kathryn H. Clarkeargued the cause for appellant. With her on the briefs was Tim Williams.

Flavio A. Ortiz, Portland, argued the cause for respondent. With him on the brief were Martin M. Rail and Lachenmeier Enloe Rail & Ortiz.

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2 cases
  • Philibert v. Kluser
    • United States
    • Oregon Supreme Court
    • December 22, 2016
    ...The trial court dismissed the action and the Court of Appeals affirmed, both relying on the "impact rule." Philibert v. Kluser , 274 Or.App. 195, 361 P.3d 610 (2015). The impact rule allows a plaintiff to seek damages for negligently caused emotional distress only if the plaintiff can show ......
  • Dep't of Human Servs. v. J.C.H. (In re C.M.H.)
    • United States
    • Oregon Court of Appeals
    • September 30, 2015

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