MORRIS v. FRED MEYER, INC.

88-3560; CA A61997.

795 P.2d 1115 (1990)

103 Or.App. 236

Leslie D. MORRIS, Appellant, v. FRED MEYER, INC., an Oregon Corporation, Respondent.

Court of Appeals of Oregon.

Decided August 29, 1990.


Attorney(s) appearing for the Case

Ivan J. Vesely, Portland, argued the cause and filed the brief for appellant.

Deborah L. Sather, Portland, argued the cause for respondent. With her on the brief was Cooney, Moscato & Crew, P.C., Portland.

Before RICHARDSON, P.J., and NEWMAN and DEITS, JJ.


PER CURIAM.

Plaintiff brought this action for damages resulting from a fall at defendant's store. At trial, defendant introduced medical testimony to the effect that plaintiff's symptoms were feigned. On rebuttal, plaintiff sought to introduce testimony of a psychiatrist who had examined him. The trial court excluded the psychiatrist's testimony pursuant to ORCP 44 D(2), because plaintiff had failed to respond timely to defendant's request for production of a report...

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