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CESTARO v. STATE EX REL. DEPT. OF STATE POLICE

160525632; A135803.

209 P.3d 851 (2009)

229 Or. App. 8

Robert L. CESTARO, Plaintiff-Appellant, v. STATE of Oregon, acting by and through the DEPARTMENT OF STATE POLICE, Defendant-Respondent.

Court of Appeals of Oregon.

Decided June 10, 2009.

Attorney(s) appearing for the Case

George W. Kelly, Eugene, argued the cause and filed the brief for appellant.

Karla Ferrall, Assistant Attorney General, argued the cause for respondent. With her on the brief were Hardy Myers, Attorney General, and Mary H. Williams, Solicitor General.

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

EDMONDS, P.J.

Plaintiff appeals following a jury verdict in defendant's favor in this action seeking damages for employment discrimination. Plaintiff contends that the trial court erred in instructing the jury that it could consider his mental health expert's failure to turn over certain notes to defendant and in excluding evidence that he suffered a stress-related heart attack in 2006. We reject plaintiff's assertion that the trial court improperly excluded evidence...

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