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WELLS v. HOME PURCHASING CORP.

A8209-05682; CA A35734.

733 P.2d 898 (1987)

84 Or.App. 103

Ruth G. WELLS, Appellant, Robert J. Wells, Plaintiff, v. HOME PURCHASING CORPORATION, a Subsidiary of Lutz Service Corporation, Third-Party Plaintiff-Respondent, E.G. Stassens, Inc., an Oregon Corporation, Third-Party Defendant.

Court of Appeals of Oregon.

Decided February 25, 1987.

Attorney(s) appearing for the Case

Alan M. Scott, Portland, argued the cause for appellant. With him on brief was Galton, Popick & Scott, Portland.

Barry Shanks, Portland, argued the cause for third-party plaintiff-respondent. With him on brief were Michael A. Lehner, and Mitchell, Lang & Smith, Portland.

Before RICHARDSON, P.J., and NEWMAN and DEITS, JJ.

NEWMAN, Judge.

Plaintiff1 appeals a judgment for defendant2 notwithstanding the verdict for plaintiff in her action for personal injuries which she sustained when she slipped on some debris and fell on the unlighted front steps leading from the porch of a vacant residence that defendant owned. We reverse.

The court had instructed the jury to determine if defendant was negligent:

"First, in...

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