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GARDYJAN v. TATONE

528 P.2d 1332 (1974)

Daniel R. GARDYJAN, Respondent, v. Joseph M. TATONE and Alice M. Tatone, Dba the Dodge City Inn, Appellants.

Supreme Court of Oregon.

Decided December 12, 1974.

Attorney(s) appearing for the Case

Harold A. Fabre of Fabre & Ehlers, Pendleton, argued the cause and filed a brief for appellants.

Monte E. Walter of Duncan & Walter, Portland, argued the cause and filed a brief for respondent.

Before O'CONNELL, C.J., and HOLMAN, TONGUE, HOWELL, BRYSON and SLOPER, JJ.

Argued and Submitted October 28, 1974, at Pendleton.

HOWELL, Justice.

This is an action for personal injuries which plaintiff alleges were incurred as a result of eating unwholesome food at defendants' restaurant. Defendants appeal from a judgment entered on a jury verdict in favor of plaintiff.

Plaintiff is a truck driver who was hauling heavy equipment from South Carolina to Seattle. On April 7, 1972, at approximately 8:30 a.m. plaintiff and his...

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