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JOHNSTON v. WATER SAUSAGE CORP.

A8402-00895; CA A38191.

733 P.2d 59 (1987)

83 Or.App. 637

Steven L. JOHNSTON, Guardian Ad Litem for Jeffrey S. Johnston, a Minor, Appellant, v. WATER SAUSAGE CORP., an Oregon Corporation; U.S. Consumer Corp., an Oregon Corporation; John R. Champagne; Irmgard Champagne; and Ray Carlson, Defendants, Western Exhibitors, Inc., a Foreign Corporation, Respondent.

Court of Appeals of Oregon.

Decided February 11, 1987.

Attorney(s) appearing for the Case

Linda K. Eyerman, Portland, argued the cause for appellant. With her on briefs was Gaylord, Thomas & Eyerman, P.C., Portland.

Lee S. Aronson, Portland, argued the cause for respondent. With him on brief was Holmes, DeFrancq & Schulte, P.C., Portland.

Before BUTTLER, P.J., and WARREN and ROSSMAN, JJ.

ROSSMAN, Judge.

Plaintiff brought this action as guardian ad litem for his minor child to recover damages for eye injuries the child sustained when a "water sausage" toy he was playing with burst. The child's mother had purchased the toy from a concessionaire at a wholesale gift show produced and managed by defendant Western Exhibitors, Inc. (defendant). Plaintiff stated claims for negligence under a business invitee theory and strict product liability under ORS 30...

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