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MORAST v. JAMES

CC 16-84-08083/CA A40260/SC S34543.

748 P.2d 84 (1987)

304 Or. 571

Jacqueline MORAST, Respondent On Review, v. Shirley A. JAMES, Petitioner On Review, v. Daniel R. Abel, Third-Party Defendant.

Supreme Court of Oregon, In Banc.

Decided December 30, 1987.

Attorney(s) appearing for the Case

Louis L. Kurtz, of Luvaas, Cobb, Richards & Fraser, P.C., Eugene, argued the cause and filed the petition for petitioner on review.

J. Michael Alexander, of Burt, Swanson, Lathen, Alexander & McCann, Salem, argued the cause and filed a response to the petition for respondent on review.

PER CURIAM.

Plaintiff was injured when the automobile in which she was riding was struck by an automobile driven by defendant. She was not using an available safety belt at the time of the collision. At trial, defendant presented expert testimony that plaintiff's use of the available safety belt would have reduced, or entirely eliminated, plaintiff's injuries. The jury returned a verdict in favor of plaintiff, but awarded no damages. The Court of Appeals reversed...

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