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KAROBLIS v. LIEBERT

501 P.2d 315 (1972)

Kim R. KAROBLIS, by Her Guardian Ad Litem, Eva Karoblis, Appellant, v. Elmer R. LIEBERT et al., Respondents.

Supreme Court of Oregon.

Decided September 28, 1972.

Attorney(s) appearing for the Case

Fred A. Granata, Portland, argued the cause for appellant. With him on the brief was Phil H. Ringle, Jr., of Ringle & Herndon, Gladstone.

James F. Spiekerman, Portland, argued the cause for respondent. With him on the brief were Souther, Spaulding, Kinsey, Williamson & Schwabe, Portland.

Before O'CONNELL, C.J., and McALLISTER, DENECKE, HOLMAN, HOWELL and BRYSON, JJ.

McALLISTER, Justice.

This is an action for damages for injuries sustained by Kim Karoblis, a four and one-half-year-old girl when she fell from a fire escape at defendants' apartment complex where Kim lived with her parents. The case was tried to the court without a jury. When plaintiff rested, defendants moved the court "to dismiss the case on the grounds that the plaintiff has failed to present sufficient evidence to entitle them to a judgment in their favor without...

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