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MARK v. HUTCHINSON

91-3580-L-3; CA A82859.

889 P.2d 361 (1995)

132 Or.App. 613

John MARK and Jean Mark, Appellants, v. Oren HUTCHINSON and Oren Hutchinson, dba Arco AM/PM Market, Respondents.

Court of Appeals of Oregon.

Decided February 1, 1995.

Attorney(s) appearing for the Case

Thomas C. Howser, Ashland, argued the cause for appellants. On the briefs were Judith H. Uherbelau and Howser & Munsell.

Benjamin M. Bloom, Medford, argued the cause for respondents. With him on the brief was Cowling, Heysell, Plouse, Ingalls & Moore.

Before DEITS, P.J., and RIGGS and HASELTON, JJ.

HASELTON, Judge.

Plaintiffs John and Jean Mark appeal from an adverse judgment in a "slip and fall" personal injury action. They assert that the trial court erred in excluding testimony from an expert witness, striking certain allegations of negligence for failure of proof, and giving an improper jury instruction. We affirm.

Defendant Hutchinson owns and operates a service station and related convenience store near...

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