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FISCHER v. VALLEY INDUSTRIES, INC.

37810; CA A49135.

773 P.2d 9 (1989)

96 Or.App. 405

Rick FISCHER, Personal Representative of the Estate of Linda Lee Fischer, Appellant, v. VALLEY INDUSTRIES, INC., a Corporation, Respondent.

Court of Appeals of Oregon.

Decided May 10, 1989.

Reconsideration Denied June 30, 1989.

Attorney(s) appearing for the Case

Warren John West, Bend, argued the cause and filed the brief for appellant.

Paul L. Roess, Portland, argued the cause for respondent. On the brief were Jas J. Adams and Acker, Underwood, Norwood & Hiefield, Portland.

Before RICHARDSON, P.J., JOSEPH, C.J., and ROSSMAN, J.

RICHARDSON, Presiding Judge.

Plaintiff appeals from a summary judgment for Valley Industries, Inc. (defendant) in this wrongful death action based on strict product liability. The only issue that requires discussion is whether there was evidence that a product that was manufactured by defendant was the one that caused the fatal accident. We conclude that there was enough evidence to create a genuine question of material fact, and we reverse.

The decedent was...

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