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GRAGG v. HUTCHINSON

No. 02C19748; A124493.

176 P.3d 407 (2007)

217 Or. App. 342

Raymond E. GRAGG, Plaintiff-Appellant, v. Neva HUTCHINSON, personal representative of the estate of Oreta L. Holder, Defendant-Respondent.

Court of Appeals of Oregon.

Decided December 26, 2007.

Attorney(s) appearing for the Case

Charles Robinowitz, Portland, argued the cause and filed the briefs for appellant.

Keith J. Bauer, Salem, argued the cause for respondent. With him on the brief was Parks, Bauer, Sime, Winkler & Fernety, L LP.

Before WOLLHEIM, Presiding Judge, and ROSENBLUM and SERCOMBE, Judges.

ROSENBLUM, J.

Plaintiff appeals an order granting defendant's motion for a new trial after the jury had returned a verdict in favor of plaintiff. We reverse and remand with instructions to the trial court to reinstate the general judgment.

The material facts are undisputed. Plaintiffs truck was stopped at a drive-through window when a car driven by defendant's mother, decedent,1 struck the rear of his

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