DORN v. WILMARTH


458 P.2d 942 (1969)

Ethel A. DORN, Respondent, v. Dan E. WILMARTH, Appellant.

Supreme Court of Oregon, Department 1.

Decided September 24, 1969.


Attorney(s) appearing for the Case

Paul D. Clayton, Eugene, argued the cause for appellant. With him on the briefs were Luvaas, Cobb, Richards & Fraser, Eugene.

Raymond J. Conboy, Portland, argued the cause for respondent. With him on the brief were Pozzi, Levin & Wilson, Portland.

Before PERRY, C.J., and McALLISTER, O'CONNELL, DENECKE, and LANGTRY, JJ.


McALLISTER, Justice.

This is a damage action for injuries sustained by plaintiff when defendant's car crashed through a bedroom wall of plaintiff's home and knocked her out of bed and across the room. The jury found for plaintiff and defendant appeals.

On appeal defendant urges that the court erred in denying his motion for a second physical examination of plaintiff, in submitting to the jury the issue of punitive damages and in giving an abstract instruction...

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