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WOLF v. NORDSTROM, INC.

No. A7811-18189; CA 17116.

626 P.2d 953 (1981)

51 Or.App. 715

Howard B. WOLF, by His Guardian Ad Litem, Marvin Wolf, Appellant-Cross-Respondent, v. NORDSTROM, INC., a Washington Corporation, Respondent-Cross-Appellant.

Court of Appeals of Oregon.

Decided April 13, 1981.

Reconsideration Denied May 21, 1981.

Review Allowed June 9, 1981.

Attorney(s) appearing for the Case

Raymond J. Conboy, Portland, argued the cause for appellant-cross-respondent. With him on briefs were Garry L. Kahn and Pozzi, Wilson, Atchison, Kahn & O'Leary, Portland.

Katherine H. O'Neil, Portland, argued the cause for respondent-cross-appellant. With her on briefs were Mark H. Wagner and Schwabe, Williamson, Wyatt, Moore & Roberts, Portland.

Before RICHARDSON, P.J., and THORNTON and VAN HOOMISSEN, JJ.

VAN HOOMISSEN, Judge.

Plaintiff filed this action for damages, charging defendant with false imprisonment and battery. Before submission of the case to the jury, defendant moved to have the issue of punitive damages withdrawn. The court granted defendant's motion. Plaintiff moved pursuant to ORCP 63 B to allow the jury to consider the issue of punitive damages, subject to the court's ruling. Plaintiff's motion was allowed. The jury found for plaintiff on the false...

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