PATEREAU v. FRANCIS

No. 170 471; CA 10011.

580 P.2d 1080 (1978)

35 Or.App. 239

Kathleen PATEREAU, Respondent, v. Yvonne FRANCIS, Appellant.

Court of Appeals of Oregon.

Decided July 5, 1978.


Attorney(s) appearing for the Case

Todd A. Bradley, Portland, argued the cause and filed the briefs for appellant.

Thomas E. Laury, Portland, argued the cause for respondent. On the brief was Charles B. Guinasso, Portland.

Before SCHWAB, C.J., and JOHNSON, GILLETTE and ROBERTS, JJ.


ROBERTS, Judge.

This is an appeal from the judgment of the district court entered after a jury found defendant 90 percent at fault in an automobile accident involving plaintiff and defendant. Defendant claims that her motion for a mistrial, based upon the injection of liability insurance into the case, should have been granted.

If the topic of insurance is intentionally injected into a case, it "is ordinarily a ground for a mistrial unless the circumstances...

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