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DILLER v. SAFEWAY STORES, INC.

548 P.2d 1304 (1976)

Daniel DILLER, Appellant, v. SAFEWAY STORES, INC., Respondent.

Supreme Court of Oregon.

Decided April 22, 1976.

Attorney(s) appearing for the Case

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

Paul E. Geddes, of Geddes, Walton, Richmond, Nilsen & Smith, Roseburg, argued the cause and filed a brief for respondent.

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

HOWELL, Justice.

This is an action to recover damages for injuries sustained by plaintiff when he slipped and fell in defendant's store. A jury returned a verdict for plaintiff; however, the trial court granted a judgment n.o.v. for the defendant, and plaintiff appeals.

The evidence is viewed in the light most favorable to plaintiff. McVaigh v. Sandberg, 266 Or. 409, 513 P.2d 801 (1973).

Plaintiff was walking...

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