MARTIN v. BOHRER

82-1602; CA A36075.

733 P.2d 68 (1987)

84 Or.App. 7

Kenneth M. MARTIN, Appellant, v. Ernest BOHRER, Respondent.

Court of Appeals of Oregon.

Decided February 25, 1987.

Reconsideration Denied April 10, 1987.


Attorney(s) appearing for the Case

Ronald L. Bohy, Salem, argued the cause for appellant. On the briefs was Rolf Olson, Salem.

Larry A. Brisbee, Hillsboro, argued the cause and filed the brief for respondent.

Before RICHARDSON, P.J., and NEWMAN and DEITS, JJ.


RICHARDSON, Presiding Judge.

Plaintiff brought this action for personal injuries arising out of an automobile accident. He recovered damages for spinal and other injuries which were the immediate result of the accident. However, the trial court struck his allegation:

"On or about March 15, 1983, during an independent medical examination arranged by the Defendant, the Plaintiff sustained injury to his right knee as the result of a test performed on the knee...

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