BURDETTE v. MILLER

070506126; A141666.

259 P.3d 976 (2011)

243 Or. App. 423

Kenneth BURDETTE, Plaintiff-Respondent, v. Glen Eric MILLER, Defendant-Appellant, and DB Trucking Too, Inc., fka DB Trucking, Inc., Defendant.

Court of Appeals of Oregon.

Decided June 15, 2011.


Attorney(s) appearing for the Case

Jay D. Enloe, Portland, argued the cause for appellant. With him on the briefs were Flavio A. Ortiz and Lachenmeier Enloe Rall & Heinson.

Michael H. Bloom, Lake Oswego, argued the cause for respondent. With him on the brief was Michael H. Bloom, P.C.

Before HASELTON, Presiding Judge, and ARMSTRONG, Judge, and DUNCAN, Judge.


HASELTON, P.J.

Defendant Miller appeals from a judgment for plaintiff entered following a jury trial for personal injury damages arising from a motor vehicle accident.1 Miller advances three interlocking assignments of error. Miller contends that the trial court erred in (1) striking, under ORCP 46 D, his defenses pertaining to liability as a sanction for his failure to appear at noticed depositions; (2) denying his motion to amend his...

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