HAGLER v. COASTAL FARM HOLDINGS, INC.

Nos. CC 0807-10811; CA A142965; SC S059895.

309 P.3d 1073 (2013)

354 Or. 132

Keri HAGLER, Petitioner on Review, v. COASTAL FARM HOLDINGS, INC., a Delaware corporation, Respondent on Review.

Supreme Court of Oregon, En Banc.

Resubmitted January 7, 2013.

Decided September 12, 2013.


Attorney(s) appearing for the Case

Thomas C. Patton , Portland, argued the cause and filed the brief for petitioner on review.

Janet M. Schroer of Hart Wagner, LLP, Portland, argued the cause and filed the brief for respondent on review. With her on the brief was Marjorie A. Speirs.

Travis Eiva of The Corson & Johnson Law Firm, Eugene, filed the brief for amicus curiae Oregon Trial Lawyers Association.


LANDAU, J.

In this personal injury action, plaintiff alleges that she was injured as she walked down the aisle of defendant's store and a heavy item of merchandise fell on her foot. She did not see the item fall, nor did she see how it was shelved before it fell. She nevertheless contends that the store was negligent, because the item would not have fallen had it been properly shelved. The trial court entered summary judgment for defendant, concluding that plaintiff...

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