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BOLLAERT v. WITTER

87CV139; CA A61319.

792 P.2d 465 (1990)

101 Or.App. 654

Rene BOLLAERT and Virginia Bollaert, Husband and Wife, Plaintiffs, v. Stephen A. WITTER and Ana D. Witter, Husband and Wife, Defendants. Stephen A. Witter and Ana D. Witter, Counterclaimants, v. RENE BOLLAERT AND VIRGINIA BOLLAERT, Defendants. Kelly B. Itzen and Debra Itzen, Third-Party Plaintiffs, v. SARAH M. TENNIES, Third-Party Defendant. Kelly B. Itzen, Respondent, v. Stephen A. Witter, Appellant.

Court of Appeals of Oregon.

Decided May 23, 1990.

Attorney(s) appearing for the Case

Hugh B. Collins, Medford, argued the cause and submitted the brief for appellant.

No appearance by respondent.

Before GRABER, P.J. Pro Tem., and RIGGS and EDMONDS, JJ.

EDMONDS, Judge.

Stephen Witter appeals from a judgment for damages in favor of Kelly Itzen following a jury trial arising from claims of assault and intentional infliction of emotional distress.1 He argues that the trial court erred in denying his motion for a directed verdict.2 We view the evidence in the light most favorable to Itzen and reverse.

A boundary dispute began between Witters and Itzens...

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