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YATES v. LARGE

TC 77-0686; SC 25507.

585 P.2d 697 (1978)

284 Or. 217

Lena YATES, Appellant, v. Suzanne Elisabeth LARGE Aka Suzanne Elisabeth Wright, Respondent.

Supreme Court of Oregon, Department 2.

Decided October 31, 1978.

Attorney(s) appearing for the Case

R. Scott Taylor of Taylor & Taylor, Veneta, argued the cause and filed the brief for appellant.

Larry W. Stuber of Goode, Goode, Decker & Hinson, P.C., Albany, argued the cause for respondent. On the brief was James C. Goode, of Goode, Goode, Decker & Hinson, P.C., Albany.

Before TONGUE, P.J., and HOWELL, BRYSON and LINDE, JJ.

TONGUE, Justice.

This is a personal injury action arising from an automobile accident. The verdict of the jury was that defendant was 57 percent negligent; that plaintiff was 43 percent negligent, and that plaintiff's total damages were $11,462.50. Plaintiff appeals from the resulting judgment for $6,533.63.

Plaintiff assigns as error the refusal of the court to instruct the jury that in assessing damages in a personal injury action the jury shall not consider...

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