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ANDREWS v. R.W. HAYS CO.

(98-2173-L1; CA A106789).

998 P.2d 774 (2000)

166 Or. App. 494

Deborah ANDREWS, Appellant, v. R.W. HAYS COMPANY, an Oregon corporation, dba Bi-Mor Stations, dba Bi-Mor Stations, Inc., an Oregon corporation, and Eugene B. Hunt, Respondents.

Court of Appeals of Oregon.

Decided April 12, 2000.

Attorney(s) appearing for the Case

Randall Bryson, Eugene, argued the cause for appellant. With him on the briefs were Michael Kellington and Kellington & Kellington.

John T. Kaemph, Portland, argued the cause for respondents. With him on the brief was Bullivant Houser Bailey.

Before De MUNIZ, Presiding Judge, and HASELTON and WOLLHEIM, Judges.

HASELTON, J.

Plaintiff appeals, challenging the entry of summary judgment in favor of defendants, a property owner and a service station/convenience store operator, in a "trip-and-fall" case. We conclude that plaintiff's averments recounting hearsay descriptions of similar accidents at the same site were immaterial to summary judgment in that such testimony would not be "admissible in evidence" at trial. ORCP 47 D. We further conclude that the balance of the evidence...

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