MEMORANDUM OPINION
The petition for review is allowed. The decision of the Court of Appeals is vacated. The case is remanded to the *490Court of Appeals for further consideration in the light of Anderson v. Jensen Racing, Inc., 324 Or 570, 931 P2d 763 (1997) and Domingo v. Anderson, 325 Or 385, 938 P2d 206 (1997).