Rectenwald v. Snider

Plaintiff appeals from a summary judgment dismissing his action for negligence. ORCP 47. He argues that defendant’s motion should not have been granted because there are genuine issues of material fact as to whether defendant’s conduct constituted negligence. We affirm.

Defendant has the burden of showing that there are no genuine issues of material fact. Seeborg v. General Motors Corporation, 284 Or 695, 699, 588 P2d 1100 (1978). In reviewing whether that burden has been met, we consider the summary judgment record in the light most favorable to plaintiff, the nonmoving party, and draw all…