Propp v. Long

In this negligence action, plaintiff appealed from a judgment for defendant. Defendant moved to dismiss the appeal, arguing, among other things, that it was not timely filed. We agreed, and dismissed plaintiffs appeal. Propp v. Long, 107 Or App 421, 812 P2d 27 (1991). On review, the Supreme Court determined that the appeal was timely filed, and remanded to us for a determination on the merits. Propp v. Long, 313 Or 218, 831 P2d 685 (1992).

We view the facts in the light most favorable to defendant, who prevailed on the jury verdict below. Brown v. J. C. Penney Co., 297 Or 695, 688 P2d 811…