Jones v. Oberg

Plaintiff brought this civil action to recover damages from defendant for personal injuries allegedly caused by defendant’s negligence. Plaintiff was injured as he left a tavern owned and operated by defendant. He appeals a summary judgment entered by the trial court in defendant’s favor. The sole issue is whether the pleadings, depositions and affidavits establish that there was no genuine issue of material fact and that defendant was entitled to judgment as a matter of law. ORCP 47C. We reverse and remand.

We review the record in the light most favorable to the party opposing the motion,…