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RUSH v. TROUTMAN INVESTMENT CO.

9007-04168; CA A72216.

854 P.2d 968 (1993)

121 Or. App. 355

Sherry (Hittner) RUSH, Appellant-Cross-Respondent, v. TROUTMAN INVESTMENT COMPANY, an Oregon corporation, dba Troutman's Emporium, Respondent-Cross-Appellant.

Court of Appeals of Oregon.

Decided June 23, 1993.

As Amended July 21, 1993.

Attorney(s) appearing for the Case

W. Eugene Hallman, Pendleton, argued the cause for appellant-cross-respondent. With him on the briefs were Mautz Hallman Baum & Hostetter, Pendleton, Bruce A. Bottini and Bottini & Bottini, P.C., Portland.

Karen O'Kasey, Portland, argued the cause for respondent-cross-appellant. With her on the briefs were Ridgway K. Foley, Jr., P.C., and Schwabe, Williamson & Wyatt, Portland.

Before ROSSMAN, P.J., RICHARDSON, C.J., and DE MUNIZ, J.

DE MUNIZ, Judge.

In this negligence action, plaintiff appeals from an order granting defendant's motion for a new trial. We reverse.

On July 13, 1988, plaintiff attended a "sidewalk sale" at the Emporium store in La Grande. She was looking at clothing on a table when she realized that someone had brought out winter sweaters and left them behind her. The sweaters were hanging on a "Z-rack," which is an upright rectangle with a Z-shaped base. Plaintiff touched...

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