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STRUTZ v. COLUMBIA ORTHOPEDIC CO.

No. A7908-04004; No. A7903 01094; CA A20367.

643 P.2d 352 (1982)

56 Or.App. 612

Max STRUTZ, Appellant, v. COLUMBIA ORTHOPEDIC COMPANY, an Oregon Corporation, Respondent. Velma C. Strutz, Appellant, v. Columbia Orthopedic Company, an Oregon Corporation, Respondent.

Court of Appeals of Oregon.

Decided April 5, 1982.

Attorney(s) appearing for the Case

Elden M. Rosenthal, Portland, argued the cause and filed the briefs for appellants.

Jerry B. Hart, Portland, argued the cause for respondents. With him on the brief were Joseph J. McCarthy, and Fellows, McCarthy, Zikes & Kayser, P.C. Portland.

Before GILLETTE, P.J., JOSEPH, C.J., and ROBERTS, J. Pro Tem.

JOSEPH, Chief Judge.

In this negligence case, after a judgment for the defendant, plaintiff appeals the granting of a defense motion to strike her allegations with respect to defendant's failure to fit a brace to her leg after repairing it.1 We reverse and remand for a new trial.

Plaintiff is a 60-year-old woman who contracted polio in 1951 and must walk with the aid of crutches and a long leg brace. She has worn a brace with a...

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