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IRBY v. FRED MEYER, INC.

A8606-03815; CA A49074.

780 P.2d 797 (1989)

98 Or.App. 726

Dwight IRBY, Appellant, v. FRED MEYER, INC., a Delaware Corporation, Respondent.

Court of Appeals of Oregon.

Decided October 11, 1989.

Attorney(s) appearing for the Case

James D. Huffman, St. Helens, argued the cause for appellant. With him on the brief was Olsen & Huffman, St. Helens.

Claudia Larkins, Portland, argued the cause for respondent. With her on the brief were Robert D. Newell and Ragen, Tremaine, Krieger, Schmeer & Neill, Portland.

Before JOSEPH, C.J., and RIGGS and EDMONDS, JJ.

RIGGS, Judge.

In this personal injury action, plaintiff was injured when packages of mirror tiles fell on him from a display rack while he was shopping in defendant's store. He appeals a judgment for defendant and assigns as error the exclusion of certain testimony as hearsay. We affirm.

While plaintiff was receiving emergency medical aid in defendant's store, a crowd of approximately 25 persons, both employes and customers, gathered around. Plaintiff heard...

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