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BENJAMIN v. WAL-MART STORES, INC.

16-98-19033; A109788.

61 P.3d 257 (2002)

185 Or. App. 444

Jennifer Danielle BENJAMIN, Personal Representative of the Estate of Charles Schoggins, Respondent, v. WAL-MART STORES, INC., an Active Delaware Corporation; Coleman Outdoor Products, Inc., aka Coleman Company, Inc., aka New Coleman Holding, Inc.; and G.I. Joes, Inc., an Active Oregon Corporation, Defendants, and The Coleman Company, Inc., Appellant.

Court of Appeals of Oregon.

Decided December 26, 2002.

Attorney(s) appearing for the Case

Jonathan M. Hoffman, Portland, argued the cause for appellant. With him on the briefs was Martin, Bischoff, Templeton, Langslet & Hoffman LLP.

Kathryn H. Clarke, Portland, argued the cause for respondent. With her on the brief was Mustafa Kasubhai.

Before LANDAU, Presiding Judge, and BREWER and SCHUMAN, Judges.

LANDAU, P.J.

Charles Schoggins died while sleeping in a closed tent that was heated by a Coleman Focus 15 propane heater. Plaintiff, Schoggins's daughter and the personal representative of his estate, initiated this wrongful death action against defendant The Coleman Company, Inc. (Coleman), asserting claims for product liability and negligence.1 The jury returned a verdict in favor of plaintiff on both claims, awarding $336,000 in economic...

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