Peterson v. Temple

The parties submitted this case to the trial court pursuant to ORCP 66. Plaintiff appeals from the trial court’s judgment determining that, having pursued to final judgment a property damages claim against defendant arising out of an automobile accident, plaintiff is barred by claim preclusion from bringing this claim for personal injuries arising out of the same automobile accident.

Relying on our opinion in Andrews v. Christenson, 71 Or App 442, 692 P2d 687 (1984), rev den 299 Or 37 (1985), plaintiff contends that the trial court erred. In Andrews, we held, in a 7-to-3 decision in banc, that…