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MOREHOUSE v. HAYNES

060909915; A136871.

234 P.3d 1024 (2010)

235 Or. App. 482

Francis Dale MOREHOUSE, Plaintiff-Appellant, v. James Colin HAYNES, Defendant-Respondent.

Court of Appeals of Oregon, En Banc.

Decided June 9, 2010.

Attorney(s) appearing for the Case

Jess M. Glaeser, Portland, argued the cause and filed the briefs for appellant.

Dan R. Schanz argued the cause for respondent. With him on the brief were Melissa J. Ward and Spooner & Much, P.C.

Before BREWER, Chief Judge, and LANDAU, HASELTON, ARMSTRONG, WOLLHEIM, SCHUMAN, ORTEGA, ROSENBLUM, SERCOMBE, and DUNCAN, Judges.

WOLLHEIM, J.

Plaintiff initiated this action seeking economic and noneconomic damages resulting from a car accident. Defendant moved for summary judgment on plaintiff's claim for noneconomic damages, arguing that plaintiff was barred from recovering noneconomic damages because plaintiff was uninsured at the time of the accident. In response, plaintiff alleged that defendant's reckless driving caused the accident; therefore, plaintiff was not barred from recovering...

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