negligence recover fees for

            To recover for negligence under the principles of general
foreseeability, plaintiff must establish facts from which the fact finder could
determine that (1) defendant’s conduct caused a foreseeable risk of harm; (2)
the risk is to an interest of the kind that the law protects against negligent
invasion; (3) defendant’s conduct was unreasonable in light of the risks; (4)
the conduct caused plaintiff’s harm; and (4) plaintiff was in the class of
persons and plaintiff’s injury was within the general type of potential
injuries that made defendant’s conduct negligent. Slogowski v. Lyness, 324 Or. 436, 441, 927 P.2d 587, 589 (1996).
The evidence in this record, and alleged in plaintiff’s complaint, does all of
the above.