Legal Opinion
Campbell v. Southland Corp.
Court of Appeals of Oregon
Decided March 23, 1994No. 9003-01809; CA A75708PublishedCited by 3 opinions
1Opinion of the Court
*95EDMONDS, J.
Plaintiffs appeal from a summary judgment entered in favor of defendant.1 ORCP 47C. They make multiple assignments of error. We conclude that the trial court erred in granting summary judgment, in part.
When there is a genuine issue of material fact, summary judgment is precluded. Defendant has the burden to show that no genuine issue of fact exists, even as to issues on which plaintiffs would have the burden of proof if the case were tried. Picker v. Rollins Leasing Corp., 97 Or App 164, 776 P2d 1 (1989). In considering whether to grant a motion for summary judgment, the court must…
2Cases cited9 opinions
- Uihlein v. Albertson's, Inc.Oregon Supreme Court · 1978
- Webb v. ClarkOregon Supreme Court · 1976
- Bodenhamer v. PattersonOregon Supreme Court · 1977
- Millikin v. GreenOregon Supreme Court · 1978
- Federici Et Ux v. LehmanOregon Supreme Court · 1962
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3Cited by3 opinions
- Pierre Arboireau and Sandrine Arboireau v. Adidas-Salomon Ag, a Foreign Corporation and Adidas America, Inc., a Delaware CorporationCourt of Appeals for the Ninth Circuit · 2003
- Buckner v. Home Depot U.S.A., Inc.Court of Appeals of Oregon · 2003
- Campbell v. Southland Corp.Court of Appeals of Oregon · 1994