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Walters v. Hobbs8/22/2001
nature of Sherri's alleged injury and resultant damages, there is insufficient similarity or relationship between the original and amended complaints to have put Hobbs's reasonably on notice that Sherri's later asserted claim might arise out of the conduct, occurrence or transaction originally pleaded. Evans, 83 Or App at 31. Consequently, the trial court erred in denying Hobbs's motion to strike the new allegations from the amended complaint, and the judgment for Sherri based on those allegations must be reversed.
The judgment in favor of plaintiff Sherri Walters is reversed and the case is remanded to the trial court for entry of judgment in favor of Hobbs; the judgment in favor of plaintiff Cheyenne Walters is affirmed.
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