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EVANS v. McNUTT

C-83-10-152; CA A34960.

717 P.2d 251 (1986)

78 Or.App. 627

George W. EVANS, Appellant, v. John B. McNutt, Lois A. McNutt Schaefer, Brookings-Harbor Shopping Center, Ltd., an Oregon Limited Partnership; and Sprouse-Reitz Co., Inc., an Oregon Corporation, Respondents.

Court of Appeals of Oregon.

Decided April 16, 1986.

Attorney(s) appearing for the Case

Richard A. Stark, Medford, argued the cause, for appellant.

With him on brief was Stark and Hammack, Medford.

H. Scott Plouse, Medford, argued the cause, for respondent Sprouse-Reitz Co., Inc. With him on brief was Robert L. Cowling, Medford.

Paul L. Roess, Coos Bay, argued the cause, for respondents John McNutt, Lois A. McNutt Schaefer and Brookings-Harbor Shopping Center, Ltd. On brief were William A. McDaniel and Foss, Whitty & Roess, Coos Bay.

Before JOSEPH, C.J., and WARREN and ROSSMAN, JJ.

WARREN, Judge.

This is an action for personal injury. The trial court granted defendants' motion for summary judgment, and plaintiff appeals. We affirm.

Under ORCP 47, summary judgment is proper if (1) the pleadings and depositions on file show that there is no genuine issue as to any material fact, and (2) that the moving party is entitled to judgment as a matter of law. On review, the record is viewed in the light most favorable to the party opposing the...

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