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McCOLLUM v. KMART CORP.

050606750, A134457.

207 P.3d 1200 (2009)

228 Or. App. 101

Ruth McCOLLUM, Plaintiff-Respondent, v. KMART CORPORATION, a Michigan corporation doing business in Oregon, Defendant-Appellant.

Court of Appeals of Oregon.

Decided April 29, 2009.

Attorney(s) appearing for the Case

Michael T. Garone, Portland, argued the cause for appellant. With him on the briefs were Amanda T. Gamblin and Schwabe, Williamson & Wyatt, P.C.

Dylan R. Lawrence argued the cause for respondent. With him on the brief were Sam Hochberg & Associates and Kathryn H. Clarke.

Before LANDAU, Presiding Judge, and BREWER, Chief Judge, and HASELTON, Judge.

HASELTON, J.

In this personal injury action, defendant Kmart Corporation appeals from an order that set aside a judgment for defendant and granted plaintiff Ruth McCollum a new trial under ORCP 64 B(1) and (6). Plaintiff defends the trial court's reasoning, urges, alternatively, that she was entitled to a new trial under ORCP 64 B(4), and also advances, by way of a "cross-assignment of error," an additional, potential alternative...

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