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BROKENSHIRE v. RIVAS AND RIVAS, LTD.

CC 940100028; CA A87637; SC S43650.

957 P.2d 157 (1998)

327 Or. 119

Victoria BROKENSHIRE, Respondent on Review, v. RIVAS AND RIVAS, LTD., an Oregon corporation, dba Cascade Pacific Group, Petitioner on Review.

Supreme Court of Oregon.

Decided April 30, 1998.

Attorney(s) appearing for the Case

Thomas A. Gordon, of Gordon & Polscer, Portland, argued the case and filed the briefs for petitioner on review.

James D. Huegli, Portland, argued the cause for respondent on review. With him on the brief was M. Elizabeth Duncan, of Greene & Markley, P.C., Portland.

Robert K. Udziela, of Pozzi Wilson Atchinson, LLP, Portland, filed a brief on behalf of amicus curiae Oregon Trial Lawyers Association.

Karen O'Kasey, of Schwabe, Williamson & Wyatt, Portland filed a brief on behalf of amicus curiae Oregon Association of Defense Counsel.

Before CARSON, C.J., and GILLETTE, VAN HOOMISSEN and KULONGOSKI, JJ.

MEMORANDUM OPINION

This is a strict products liability case. We allowed review to consider whether the trial court properly denied defendant's motion for a directed verdict.

In the Court of Appeals, defendant argued, inter alia, that it had provided a service, not a product, and, therefore, that plaintiff had no claim under ORS 30.920.1 Plaintiff responded that defendant never had argued at trial that it had provided a service...

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