Andrews v. R.W. Hays Co.

Plaintiff appeals, challenging the entry of summary judgment in favor of defendants, a property owner and a service station/convenience store operator, in a “trip-and-fall” case. We conclude that plaintiffs averments recounting hearsay descriptions of similar accidents at the same site were immaterial to summary judgment in that such testimony would not be “admissible in evidence” at trial. ORCP 47 D. We further conclude that the balance of the evidence, even when viewed most favorably to plaintiff, is legally insufficient to support imposition of premises liability against defendants.…