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BURNAM v. GARON DEVELOPMENT CORP.

41-188; CA A30621.

690 P.2d 1090 (1984)

70 Or.App. 665

Mary BURNAM, Appellant, v. GARON DEVELOPMENT CORPORATION, an Oregon Corporation, Leisure Resources, Inc., an Oregon Corporation, and Dale Industries, Inc., an Oregon Corporation, Doing Business As Dale's Sand & Gravel Co., an Assumed Business Name, Respondents.

Court of Appeals of Oregon.

Decided November 7, 1984.

Reconsideration Denied December 21, 1984.

Review Allowed January 29, 1985.

Attorney(s) appearing for the Case

Elden M. Rosenthal, Portland, argued the cause for appellant. With him on the briefs was Rosenthal & Greene, P.C., Portland.

Frederic P. Roehr, III, Portland, argued the cause for respondents Garon Development Corporation and Leisure Resources, Inc. With him on the brief were Thomas Sauberli, and Vergeer, Roehr & Sweek, Portland.

Robert D. Newell, and Black, Tremaine, Lankton, Krieger & Schmeer, Portland, for respondent Dale Industries, Inc., joined in the brief of respondents Garon Development and Leisure Resources, Inc.

Before BUTTLER, P.J., and WARREN and ROSSMAN, JJ.

WARREN, Judge.

Plaintiff appeals from a judgment entered after a jury verdict finding defendants not liable in this action for trespass and negligence. She assigns as errors the trial court's striking her cause of action in trespass for damage to real property and its striking several allegations of negligence in her cause of action for personal injury and damage to personal property.

Before addressing the merits of this appeal, we deal with defendants' assertion...

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