MESTAS v. PETERS


571 P.2d 888 (1977)

Leroy MESTAS, Appellant, v. Vivian Ellen PETERS, Respondent.

Supreme Court of Oregon, Department 1.

Decided November 29, 1977.


Attorney(s) appearing for the Case

William B. Wyllie, Salem, argued the cause and filed a brief for appellant.

Paul J. Lipscomb, Salem, argued the cause for respondent. On the brief was Samuel R. Blair of Blair & MacDonald, Salem.

Before DENECKE, C.J., and HOLMAN and BRYSON, JJ., and GILLETTE, J. Pro Tem.


HOLMAN, Justice.

This personal injury action was dismissed with prejudice prior to trial. The grounds for dismissal were the failure of plaintiff to appear for a deposition and medical examination. Plaintiff appeals.

Because the record is important to the extent of the court's authority and to whether it abused its discretion, it will be set forth in detail. The automobile accident, out of which plaintiff's claim arises, occurred March 14, 1973. The case was...

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