¶1concurring.
¶2I agree with the majority’s reversal of the trial court based on Beaver v. Pelett, 299 Or 664, 705 P2d 1149 (1985). However, if I were writing on a clean slate, I would affirm the trial court based on the reasoning set forth in Beaverby then Chief Justice Peterson’s dissent. Id. at 675-78.