McELWAIN v. KABATOFF


551 P.2d 105 (1976)

Jack M. McELWAIN, Respondent, v. Nellie KABATOFF, Appellant.

Supreme Court of Oregon, Department 2.

Decided June 24, 1976.


Attorney(s) appearing for the Case

Robert B. McConville, Salem, argued the cause and filed briefs for appellant.

D. Keith Swanson, of Brown, Burt & Swanson, P.C., Salem, argued the cause and filed a brief for respondent.

Before O'CONNELL, C.J., and HOLMAN, TONGUE and BRYSON, JJ.


HOLMAN, Justice.

This is an action for damages resulting from personal injuries incurred in an automobile accident. Defendant appeals from a judgment for $45,000 entered pursuant to a jury verdict.

Defendant first assigns as error the trial court's admission of evidence of the difficulty plaintiff experienced subsequent to the accident in doing lifting connected with his work. Defendant claims such evidence was inadmissible because plaintiff did not allege...

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