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MITCHELL v. MT. HOOD MEADOWS OREG.

0005-05389, A116119.

99 P.3d 748 (2004)

195 Or. App. 431

William E. MITCHELL, Respondent-Cross-Appellant, v. MT. HOOD MEADOWS OREG., Limited Partnership, an Oregon limited partnership; and Mt. Hood Meadows Development Corp., an Oregon corporation, Appellants-Cross-Respondents.

Court of Appeals of Oregon.

Resubmitted July 14, 2004.

Decided October 6, 2004.

Attorney(s) appearing for the Case

Brad C. Stanford, Portland, argued the cause for appellants-cross-respondents. With him on the opening brief was Tara J. Schleicher and Farleigh, Wada & Witt, P.C.

Brian J. Posewitz, Portland, argued the cause for respondent-cross-appellant. With him on the briefs were Dennis E. Westlind and Tonkon Torp LLP.

Before DEITS, Chief Judge, EDMONDS, LANDAU, HASELTON, ARMSTRONG, LINDER, WOLLHEIM, BREWER, SCHUMAN, and ORTEGA, Judges.

Resubmitted En Banc July 14, 2004.

EDMONDS, J.

Defendants appeal from an order granting plaintiff's motion for a new trial after the jury returned a defense verdict in this personal injury case. ORCP 64 B. Plaintiff cross-appeals, assigning error to several of the trial court's evidentiary rulings. We reverse on appeal; on cross-appeal, we affirm without discussion.

While plaintiff was snowboarding at a ski...

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