CHARLES v. PALOMO

(CC 04C17458; CA A133122; SC S057493).

227 P.3d 737 (2010)

347 Or. 695

Stella A. CHARLES, personal representative for the Estate of Kenneth Charles, deceased, Petitioner on Review, v. Andres PALOMO, Jr., Respondent on Review.

Supreme Court of Oregon, En Banc.

Decided February 19, 2010.


Attorney(s) appearing for the Case

Conrad E. Yunker, Conrad E. Yunker, P.C., Salem, filed the brief for petitioner on review. With him on the brief was Thomas Melville.

Thomas M. Christ, Cosgrave Vergeer Kester LLP, Portland, filed the brief for respondent on review.

Cody Hoesly, Larkins Vacura LLP, Portland, filed a brief for amicus curiae Oregon Trial Lawyers Association.


BALMER, J.

The issue in this personal injury action is whether, in a jury trial, a plaintiff is entitled to both an initial closing argument and an opportunity to rebut the defendant's closing argument. Plaintiff filed this action for negligence against defendant after the parties were involved in a car accident. At the end of the jury trial, plaintiff presented an initial closing argument to the jury, and defendant followed with his closing argument. When the trial...

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