Broyles v. Estate of Brown

*797JONES, J.

This case presents the question of the proper procedure and test to be used in deciding whether a penalty should be assessed under ORS 19.160 for pursuing an appeal without probable cause. The Court of Appeals allowed plaintiffs motion for the assessment of such a penalty. We affirm.

Plaintiff Broyles was injured when the car in which she was riding was hit by a car driven by Carroll Brown.1

At trial, where Broyles sought damages for her personal injuries, she testified during cross-examination as follows:

“Q. [by defense counsel] How long was it after the impact, the crash, that Mr.…