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GRANT v. LAKE OSWEGO SCH DIST NO. 7, CLACKAMAS

515 P.2d 947 (1973)

Carol GRANT, by Her Guardian Ad Litem, Marian Grant, Appellant, v. LAKE OSWEGO SCHOOL DISTRICT NO. 7, Clackamas County, Oregon, and Toni Berke, Respondents.

Court of Appeals of Oregon.

Decided November 13, 1973.

Rehearing Denied December 6, 1973.

Review Denied January 5, 1974.

Attorney(s) appearing for the Case

Gerald R. Pullen, Portland, argued the cause for appellant. With him on the briefs was Bernard K. Smith, Portland.

Ridgway K. Foley, Jr., Portland, argued the cause for respondent Lake Oswego School District No. 7. Jeffrey M. Batchelor, Portland, argued the cause for respondent Toni Berke. With them on the brief were Souther, Spaulding, Kinsey, Williamson & Schwabe and Wayne A. Williamson, and Gearin, Landis & Aebi and Fred M. Aebi, Portland.

Before SCHWAB, C.J., and LANGTRY and FORT, JJ.

LANGTRY, Judge.

This appeal is from a trial court order after a plaintiff's jury verdict setting the verdict aside and in the alternative granting a new trial.

Plaintiff Carol Grant, a child, by her guardian ad litem Marian Grant, her mother, brought this action against defendants for personal injuries sustained in an accident that occurred during a physical education class on January 4, 1971. Plaintiff was a 12-year-old seventh grade student at the time of...

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