Vancil v. Poulson

This is an action against a decedent’s representative for personal injuries caused by an automobile accident. Because of the death of the alleged wrongdoer the plaintiff must prove his claim “upon some competent satisfactory evidence other than the testimony of the injured person.” ORS 30.080.

This statute requires that “the injured person may not recover judgment unless he presents a prima facie case sufficient to go to the jury by evidence other than his own testimony.” Schnell v. Mullen, 222 Or 454, 457, 353 P2d 567 (1960); DeWitt v. Rissman, 218 Or 549, 346 P2d 104 (1959). The defendant…