SMITH v. URICH

95-CV-0342; CA A95143.

947 P.2d 1125 (1997)

151 Or. App. 40

Kenneth H. SMITH, Plaintiff, v. Dorothy L. URICH, individually; Dorothy L. Urich, udt as trustee of the Dorothy L. Urich Trust; and Corner Drug, Inc., Defendants. CORNER DRUG, INC., Cross-claim Plaintiff-Respondent, v. Dorothy L. URICH, individually; and Dorothy L. Urich udt as trustee of the Dorothy L. Urich Trust, Cross-claim Defendants-Appellants.

Court of Appeals of Oregon.

Decided October 22, 1997.


Attorney(s) appearing for the Case

Stephen E. Lawrence, Portland, argued the cause and filed the briefs for appellants.

Peter R. Chamberlain, Portland, argued the cause for respondent. With him on the brief was Bodyfelt, Mount, Stroup & Chamberlain.

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


EDMONDS, Judge.

Urich,1 a codefendant in this claim for negligence, appeals from the grant of thirdparty plaintiff Corner Drug's motion for summary judgment on its cross-claim for indemnity. ORCP 47. We reverse.

Urich is the owner of real property. Corner Drug leased the property from Urich and operated a business that was open to the public. Smith, Corner Drug's business invitee, filed an action against both Urich and Corner Drug...

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