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STOTLER v. MTD PRODUCTS, INC.

9504-02453; CA A92758.

943 P.2d 220 (1997)

149 Or. App. 405

James G. STOTLER, Appellant, v. MTD PRODUCTS, INC., an Ohio corporation; and Fred Meyer, Inc., a Delaware corporation, Respondents.

Court of Appeals of Oregon, In Banc.

Resubmitted June 10, 1997.

Decided July 30, 1997.

Attorney(s) appearing for the Case

William A. Henderson argued the cause and filed the brief, Portland, for appellant.

Ruth Casby Rocker argued the cause, Portland, for respondents. With her on the brief were Janet M. Schroer and Hoffman, Hart & Wagner, Portland.

Resubmitted In Banc June 10, 1997.

ARMSTRONG, Judge.

Plaintiff appeals the trial court's grant of summary judgment to defendants in a products liability and negligence action arising from injuries that he suffered while assembling a lawnmower. He argues that the trial court incorrectly held that the affidavit that he submitted under ORCP 47E was insufficient to create an issue of fact about whether the lawnmower was defective or defendants were negligent....

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