Powers v. Cheeley

Defendants appeal the trial court’s judgment for plaintiff in this action for assault and battery. Defendants assign as error the trial court’s admission of testimony about a witness’s prior consistent statements to rebut a charge of recent fabrication under OEC 801(4)(a)(B). We affirm.

On March 19, 1986, defendant Cheeley and Trooper Gilbert assisted Trooper Pecyna in the stop of a vehicle driven by Beaty. The car was owned by plaintiff, a paraplegic, who was a passenger in the right front seat. While Pecyna was talking to the driver, plaintiff rolled down his window and began to argue with…