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APPLEBERRY v. BERRY

86-1852-J-1; CA A49049.

779 P.2d 205 (1989)

98 Or.App. 398

Kim APPLEBERRY, Appellant, v. Donald W. BERRY, Audrey L. Berry, David S. Chirgwin, Agnes I. Chirgwin, Mona Blount and Gayle Hansen, Respondents. Donald W. Berry, Audrey L. Berry, David S. Chirgwin, Agnes I. Chirgwin, Third-Party Plaintiffs, v. Mona Blount and Gayle Hansen, Third-Party Defendants.

Court of Appeals of Oregon.

Decided September 13, 1989.

Reconsideration Denied October 27, 1989.

Attorney(s) appearing for the Case

David V. Gilstrap, Ashland, argued the cause for appellant. With him on the briefs was Davis, Ainsworth, Pinnock, Gilstrap & Harris, P.C., Ashland.

Bernard S. Moore, Medford, argued the cause for respondents Donald W. Berry, Audrey L. Berry, David S. Chirgwin and Agnes I. Chirgwin. With him on the brief was Cowling & Heysell, Medford.

No appearance by respondent Mona Blount.

No appearance by respondent Gayle Hansen.

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

WARREN, Judge.

Plaintiff appeals the trial court's granting of landlord defendants'1 motion to withdraw from the jury his claim under the Residential Landlord and Tenant Act (RLTA). The sole issue that we need to address is whether two swimming pool skimmer covers installed in a sidewalk adjacent to the pool constitute a "floor" under ORS 91.770(1)(h). We conclude that they do and reverse and remand.

Defendants rented a single...

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