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BARNES v. WALSH

9205-03562; CA A80008.

883 P.2d 234 (1994)

130 Or. App. 533

Aaron BARNES, Respondent, v. Debra L. WALSH and Patrick Walsh, husband and wife, Appellants, and James M. Kubalek and Jane Kubalek, Defendants.

Court of Appeals of Oregon.

Decided October 12, 1994.

Attorney(s) appearing for the Case

Kenneth L. Ammann, Salem, argued the cause for appellants. On the briefs were Bruce H. Tompkins, Ralph C. Spooner and Spooner & Much, P.C.

James S. Coon, Portland, argued the cause for respondent. With him on the brief was Royce, Swanson, Thomas & Coon.

Before WARREN, P.J., and EDMONDS and LANDAU, JJ.

EDMONDS, Judge.

Defendants1 appeal the judgment entered after a jury verdict awarded tort damages to plaintiff. They contend that the trial court erred when it struck their allegations about plaintiff's negligence and when it refused to instruct the jury on that subject. ORCP 60. We reverse.

In June, 1991, plaintiff and a friend were visiting plaintiff's relative, who lived on the second floor of an apartment complex owned by defendants...

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