SPENCER v. M.L. KAUTH, INC.

Nos. 93C-799094; CA A85090.

897 P.2d 1209 (1995)

135 Or.App. 326

Terry SPENCER, Appellant, v. M.L. KAUTH, INC., an Oregon corporation, Respondent.

Court of Appeals of Oregon.

Decided June 28, 1995.


Attorney(s) appearing for the Case

Michael H. Bloom, Portland, argued the cause for appellant. With him on the brief was Michael H. Bloom, P.C.

Paul Silver, Portland, argued the cause and filed the brief for respondent.

Before DEITS, P.J., and De MUNIZ and HASELTON, JJ.


HASELTON, Judge.

Plaintiff appeals from a judgment in a "slip and fall" case and assigns error to the court's allowance of defendant's motion for a directed verdict. We reverse and remand.

On January 28, 1993, plaintiff and two friends went to defendant's pizza restaurant. Lowery, one of plaintiff's friends, entered the restaurant to place a take-out order, while plaintiff waited in the car. Before placing his order...

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