CHARLES v. PALOMO

04C17458; A133122.

206 P.3d 200 (2009)

227 Or. App. 335

Kenneth CHARLES, Plaintiff-Appellant, v. Andres PALOMO, Jr., Defendant-Respondent.

Court of Appeals of Oregon.

Decided April 8, 2009.


Attorney(s) appearing for the Case

Conrad E. Yunker, Salem, argued the cause for appellant. With him on the briefs were Thomas A. Melville and Thomas Melville, PC.

Thomas M. Christ, Portland, argued the cause for respondent. With him on the brief was Cosgrave Vergeer Kester LLP.

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


EDMONDS, P.J.

Plaintiff appeals in this personal injury case following a jury verdict in favor of defendant. He contends that the trial court erred when it denied him the opportunity to reply to defendant's closing argument at the end of the trial pursuant to ORCP 58 B(6). Because we conclude that the error claimed by plaintiff was not preserved below and should not be reviewed as plain error, ORAP 5.45, we affirm.

At the end of the jury trial, plaintiff and...

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