SHOUP v. WAL-MART STORES, INC.

97C-14504; CA A106153; SC S48171

61 P.3d 928 (2003)

335 Or. 164

Mable SHOUP, Petitioner on Review, v. WAL-MART STORES, INC., Respondent on Review.

Supreme Court of Oregon, En Banc.

Decided January 31, 2003.


Attorney(s) appearing for the Case

J. Michael Alexander, of Swanson, Lathen, Alexander & McCann, P.C., Salem, argued the cause and filed the briefs for petitioner on review. With him on the briefs was Charese Rohny, of Vick & Conroyd, LLP, Salem.

Peter R. Chamberlain, of Bodyfelt, Mount, Stroup & Chamberlain, Portland, argued the cause and filed the brief for respondent on review. With him on the brief was Jennifer J. Peet, Portland.

Meagan A. Flynn, of Preston, Bunnell & Stone, LLP, Portland, filed the brief for amicus curiae Oregon Trial Lawyers Association.

Lindsey H. Hughes, of Keating, Jones, Bildstein & Hughes, P.C., Portland, filed the brief for amicus curiae Oregon Association of Defense Counsel.


BALMER, J.

Plaintiff brought this negligence action against Wal-Mart, Inc. (defendant), after one of defendant's employees injured plaintiff by bumping into her and knocking her to the floor. The jury considered three specifications of negligence and returned a general verdict in plaintiff's favor. The Court of Appeals reversed and remanded the case for a new trial, holding that one of plaintiff's specifications did not state...

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