MEMORANDUM OPINION
The appellate judgment dated August 4, 1992, is recalled. ORAP 14.05(3)(b)(iii). The disposition on review is modified and the opinions of this court on review and reconsideration are adhered to. Bremner v. Charles, 312 Or. 274, 821 P.2d 1080 (1991), former opinion adhered to, 313 Or. 339, 832 P.2d 454 (1992). The decision of the Court of Appeals is reversed, and the case is remanded to the Court of Appeals for consideration of the remaining assignments of error. See Bremner v. Charles (S39718), 315 Or. 288, 844 P.2d 203 (1993).