CHARMLEY v. LEWIS

A8202-00967; CA A31532.

711 P.2d 984 (1985)

77 Or.App. 112

John R. CHARMLEY, Respondent, v. Ronald N. LEWIS, Appellant.

Court of Appeals of Oregon.

Decided December 26, 1985.

Reconsideration Denied February 14, 1986.

Review Allowed March 4, 1986.


Attorney(s) appearing for the Case

Thomas W. Brown, Portland, argued the cause for appellant. On the briefs were Cosgrave, Kester, Crowe, Gidley & Lagesen, and Austin W. Crow, Jr., Portland.

Bernard Jolles, Portland, argued the cause for respondent. With him on brief was Jolles, Sokol & Bernstein, P.C., Portland.

Before BUTTLER, P.J., and WARREN and ROSSMAN, JJ.


WARREN, Judge.

Plaintiff, a pedestrian, was injured in an accident with a vehicle operated by defendant on the rainy evening of November 20, 1981. The jury returned a verdict for plaintiff, and defendant appeals from the judgment.

Defendant's main assignment of error contests the trial court's admission of testimony as to what plaintiff claimed to be his habit of crossing at a particular intersection within the unmarked crosswalk. Plaintiff was struck while...

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