TAVENNER v. FIGINI


541 P.2d 437 (1975)

Lester J. TAVENNER, Respondent, v. Patrick S. FIGINI et al., Appellants.

Supreme Court of Oregon, In Banc.

Decided October 23, 1975.


Attorney(s) appearing for the Case

Donald C. McClain, Portland, argued the cause for appellants. With him on the brief were Whipple, Johansen & McClain, Portland.

L.M. Schouboe, of Schouboe & Cavanaugh P.C., Portland, argued the cause for respondent. With him on the brief was James H. Marvin, Portland.


TONGUE, Justice.

This was an action for damages for personal injuries sustained in an automobile accident. Defendants appeal from a judgment based upon a jury verdict in favor of plaintiff for $16,500.

Defendants assign as errors the refusal of the trial court to strike from plaintiff's complaint allegations that his earning capacity has been permanently impaired and in instructing the jury on impairment of future earning capacity.

Defendants' argument...

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