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McINTIRE v. GRAY

No. 96-307; CA 11453.

593 P.2d 1273 (1979)

39 Or.App. 861

Susan Christine McIntire, Respondent, v. John Michael GRAY, Appellant.

Court of Appeals of Oregon.

Decided April 23, 1979.

Attorney(s) appearing for the Case

Michael A. Lehner, Portland, argued the cause for appellant. With him on the briefs were Bruce L. Mowery and Hershiser, Mitchell, Mowery & Davis, Portland.

Stephen A. Moen, Portland, argued the cause and filed a brief for respondent.

Before SCHWAB, C.J., THORNTON, LEE and GILLETTE, JJ., and HOWELL, J. Pro Tem.

HOWELL, Judge, Pro Tem.

Plaintiff was injured as a result of defendant's negligent operation of his automobile. Plaintiff's insurer paid plaintiff's medical expenses and reimbursed her for her lost wages under coverage required by ORS 743.800-.835 (PIP benefits). Plaintiff's insurer was reimbursed for some of these payments by defendant's insurer pursuant to ORS 743.825. Plaintiff then filed this personal injury action against defendant.

In her original complaint...

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