Wheeler v. LaViolette

Plaintiff appeals from a judgment for defendants in this personal injury action. She assigns as error the granting of their motion for a directed verdict, which was made on the ground that plaintiff did not present evidence of causation. ORCP 60. We reverse.

Our review of the evidentiary record shows that defendants own and operate a marina in Rockaway, Oregon. On January 19, 1990, plaintiff and her family visited the marina. During their visit, plaintiffs four-year-old niece wandered near the edge of the dock, and plaintiff rushed toward the child. As she did so, plaintiff fell into a hole in…