CHARMLEY v. LEWIS

TC A8202-00967, CA A31532, SC S32556.

729 P.2d 567 (1986)

302 Or. 324

John R. CHARMLEY, Respondent On Review, v. Ronald N. LEWIS, Petitioner On Review.

Supreme Court of Oregon.

Decided December 5, 1986.


Attorney(s) appearing for the Case

Thomas W. Brown, Portland, argued the cause and filed the brief for petitioner on review. With him on the brief was Cosgrave, Kester, Crowe, Gidley & Lagesen, Portland.

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


GILLETTE, Justice.

In this personal injury case, the trial court admitted evidence of plaintiff's "habit" of invariably using a particular crosswalk in crossing a street at a certain intersection. Plaintiff offered the evidence to prove that he must have been in that particular crosswalk when he was struck by defendant's car. A jury returned a verdict for plaintiff. Defendant appealed. The Court of Appeals affirmed. Charmley v. Lewis, 77 Or...

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