Leonard v. Moran Foods

Summarized by:

  • Court: Oregon Court of Appeals
  • Area(s) of Law: Civil Procedure
  • Date Filed: 02-11-2015
  • Case #: A150101
  • Judge(s)/Court Below: Lagesen, J. for the court; Duncan, P.J.; Schuman, S.J.
  • Full Text Opinion

On review of a grant of summary judgment, the court's review is limited to the record that exists at the time of the court's ruling on the motions for summary judgment.

Decedent's father brought this wrongful death negligence action against a group of defendants whose alleged conduct, converged to cause Leonard's death. While driving as part of his job for Moran Foods the defendant, Tito Feliciano, struck and killed plaintiff's daughter, Lindsay Leonard, with his car as she was crossing a marked but faded crosswalk under a street lamp that was not working. Leonard brought this claim against Feliciano, Moran Foods, Supervalu, PGE, and City of Portland. Trial court dismissed Supervalu and City of Portland on summary judgment. PGE was dismissed after they settled with plaintiff, so Leonard went to trial against Feliciano and Moran Foods only. Leonard was deemed more at fault than defendants, so judgment entered for defendants. Limited judgment reversed; general judgment reversed in part; remanded for further proceedings consistent with this opinion.

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