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BLAKE v. CELL TECH INTERNATIONAL, INC.

050403928; A135647.

208 P.3d 992 (2009)

228 Or. App. 388

Susan Lynn BLAKE, personal representative of the Estate of Melissa Kay Blake, deceased, Plaintiff-Appellant, v. CELL TECH INTERNATIONAL, INCORPORATED, a foreign corporation and The New Algae Company, an Oregon corporation, Defendants-Respondents.

Court of Appeals of Oregon.

Decided May 20, 2009.

Attorney(s) appearing for the Case

George W. Kelly, Eugene, argued the cause and filed the briefs for appellant.

R. Daniel Lindahl, Portland, argued the cause and filed the briefs for respondents.

Before EDMONDS, Presiding Judge, and WOLLHEIM, Judge, and SERCOMBE, Judge.

EDMONDS, P.J.

This case involves the issue of whether the trial court properly excluded the testimony of plaintiff's expert witness under OEC 401, OEC 403, and OEC 702. After the trial court ruled in a pretrial hearing that plaintiff's proposed scientific evidence was not admissible, plaintiff stipulated to entry of judgment in favor of defendants, reserving her right to appeal under ORS 19.245(3).1 We affirm.

Melissa Blake, the...

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