Evans v. McNutt

This is an action for personal injury. The trial court granted defendants’ motion for summary judgment, and plaintiff appeals. We affirm.

Under ORCP 47, summary judgment is proper if (1) the pleadings and depositions on file show that there is no genuine issue as to any material fact, and (2) that the moving party is entitled to judgment as a matter of law. On review, the record is viewed in the light most favorable to the party opposing the motion; here, the plaintiff. See Stanfield v. Laccoarce, 288 Or 659, 665, 607 P2d 177 (1980).

The facts set out by plaintiffs pleadings and deposition, and…