HILL v. NULL

051011270; A135470.

197 P.3d 582 (2008)

224 Or. App. 345

Patrick HILL, Plaintiff-Appellant, v. Donald NULL, Defendant-Respondent.

Court of Appeals of Oregon.

Decided December 3, 2008.


Attorney(s) appearing for the Case

Willard E. Merkel, Portland, argued the cause for appellant. With him on the briefs was Merkel & Associates.

Douglas E. Foley argued the cause for respondent. With him on the brief were Katie D. Buxman and Foley & Buxman, PLLC.

Before EDMONDS, Presiding Judge, and WOLLHEIM, Judge, and SERCOMBE, Judge.


SERCOMBE, J.

Plaintiff appeals a judgment in his favor on his claim for personal injuries arising out of a motor vehicle accident with defendant. He assigns error to the trial court's granting of defendant's motion for partial summary judgment. The court determined that ORS 31.715 barred plaintiff from recovering noneconomic damages from defendant because plaintiff was an uninsured driver at the time of the accident. We conclude...

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