¶1MEMORANDUM OPINION
¶2The joint petition for reconsideration is allowed, and the appellate judgment is recalled. The order denying review is vacated, and the petition for review is allowed. The decision of the Court of Appeals is reversed, and the case is remanded to the Court of Appeals for further consideration in light of Hamel v. Johnson, 330 Or 180, 998 P2d 661 (2000).