BIRKES v. WADE


511 P.2d 831 (1973)

Floyd C. BIRKES, Appellant, v. Virginia Lee WADE, Dba Ashland Motel, Respondent.

Supreme Court of Oregon, In Banc.

Decided July 6, 1973.


Attorney(s) appearing for the Case

Robert C. Robertson, Medford, argued the cause for appellant. With him on the brief were Van Dyke, DuBay, Robertson & Paulson, P.C., Medford.

Allan B. deSchweinitz, Medford, argued the cause for respondent. With him on the brief were Haviland, deSchweinitz & Stark, Medford.


TONGUE, Justice.

This is an action for damages for personal injuries sustained by plaintiff in a fall at defendant's motel. The jury returned a verdict in favor of plaintiff for $46,975 in general damages and $28,770.85 in special damages. Defendant then filed a motion for entry of a judgment n.o.v., or, in the alternative, for a new trial, based upon various alleged errors. The trial court entered an order setting aside the jury verdict and granting a new trial....

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