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SMITH v. FRED MEYER

A8011-06505; CA A28019.

687 P.2d 1128 (1984)

70 Or.App. 30

John SMITH, Appellant, v. FRED MEYER, Inc., an Oregon Corporation; Hoyne Industries, Inc., a Delaware Corporation; 3M Business Products Sales, Inc., a Delaware Corporation, and Minnesota Mining & Manufacturing Company, a Delaware Corporation, Respondents.

Court of Appeals of Oregon.

Decided September 26, 1984.

Attorney(s) appearing for the Case

Mark R. Moline, Portland, argued the cause for appellant. With him on the briefs was Mitchell, Lang & Smith, Portland.

Michael J. Gentry, Portland, argued the cause for respondents. With him on the brief were Cynthia S.C. Shanahan, James M. Finn, Tooze, Kerr, Marshall & Shenker and Schwabe, Williamson, Wyatt, Moore & Roberts, Portland.

Before GILLETTE, P.J., and VAN HOOMISSEN and YOUNG, JJ.

GILLETTE, Presiding Judge.

In this products liability action, plaintiff appeals from a jury verdict for defendants, contending that the trial court erred by striking its "failure to warn" allegation and by excluding certain evidence. We affirm.

On December 6, 1978, plaintiff purchased eight to ten glass mirror tile kits from defendant Fred Meyer. The kits were manufactured by defendant Hoyne Industries, Inc. (Hoyne). Each kit consisted of twelve 12 X 12 inch...

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