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THOMAS v. PARKER REFRIGERATED SERVICES, INC.

No. A8007-04029; CA A22749.

657 P.2d 692 (1983)

61 Or.App. 234

Rhonda THOMAS, Appellant, v. PARKER REFRIGERATED SERVICES, INC., a Washington Corporation, d/b/a Parker Refrigerator Trucking, Respondent.

Court of Appeals of Oregon.

Decided January 12, 1983.

Reconsideration Denied March 11, 1983.

Attorney(s) appearing for the Case

Elliott Lynn, Beaverton, argued the cause for appellant. With him on the brief was Elizabeth A. Normand, Beaverton.

Margaret H. Leek Lieberan, Portland, argued the cause for respondent. With her on the brief was Mitchell, Lang & Smith, Portland.

Before RICHARDSON, P.J., ROBERT Y. THORNTON, Senior Judge, and YOUNG, J.

ROBERT Y. THORNTON, Senior Judge.

Plaintiff appeals from the trial court's dismissal of one of her two counts against defendant and from the court's order allowing defendant's motion for judgment notwithstanding the verdict on the other count after the jury had returned its verdict in plaintiff's favor. The court erred in both respects and we reverse.

According to plaintiff, on September 3, 1979, between 9 p.m. and...

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