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BARRY v. DON HALL LABORATORIES

Nos. A7807-11079; CA 18699.

642 P.2d 685 (1982)

56 Or.App. 518

Michael BARRY, Appellant, v. DON HALL LABORATORIES, an Oregon Corporation, Respondent.

Court of Appeals of Oregon.

Decided March 22, 1982.

Attorney(s) appearing for the Case

Roger Tilbury, Portland, argued the cause for appellant. With him on the briefs were Robert P. Johnson and Haessler, Tilbury & Platten, Portland.

Ridgway K. Foley, Jr., Portland, argued the cause for respondent. With him on the brief was Schwabe, Williamson, Wyatt, Moore & Roberts, Portland.

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

VAN HOOMISSEN, Judge.

Plaintiff brought this action for personal injuries on theories of strict liability, negligent failure to warn and breach of warranty. He alleged that he suffered substantial tooth decay because he used defendant's vitamins, which had a high sugar content but no warning or list of ingredients. After the trial court granted defendant's motion to strike plaintiff's cause of action for negligence, a jury verdict was returned in favor of defendant...

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