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LAWSON v. HOKE

0101-00766, A117388.

77 P.3d 1160 (2003)

190 Or. App. 92

Elisa LAWSON, Respondent, v. Spencer HOKE, Appellant.

Court of Appeals of Oregon.

Decided October 15, 2003.

Attorney(s) appearing for the Case

Janet M. Schroer, Portland, argued the cause for appellant. With her on the briefs were Marjorie A. Speirs and Hoffman, Hart & Wagner, LLP.

Willard Merkel, Portland, argued the cause for respondent. With him on the brief was Merkel & Associates.

Richard E. Oberdorfer, S. Patricia Oberdorfer, and Oberdorfer Law Firm LLC filed the brief amicus curiae for Oregon Trial Lawyers Association.

Benjamin M. Bloom and Hornecker, Cowling, Hassen & Heysell, L.L.P., Medford, filed the brief amicus curiae for Oregon Association of Defense Counsel.

Lisa E. Lear, Jeffrey S. Eden, John R. Bachofner, and Bullivant Houser Bailey PC, Portland, filed the brief amici curiae for Allstate Insurance Company, Oregon Mutual Insurance Company, and State Farm Insurance Company.

Before LANDAU, Presiding Judge, and ARMSTRONG and BREWER, Judges.

BREWER, J.

Defendant appeals a judgment awarding plaintiff noneconomic damages in a negligence action arising from an automobile accident. In his answer to plaintiff's complaint, and again in a motion for summary judgment, defendant asserted that, because plaintiff did not have liability insurance at the time of the accident, ORS 18.592(1) barred her from recovering noneconomic damages.1 The trial court ruled that ORS 18.592(1) violates...

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