Van Gordon v. Portland General Electric Co.

This appeal is before us on remand from the Supreme Court, 295 Or 811, 670 P2d 1026 (1983), to determine whether the admission of evidence of defendant’s subsequent remedial measures caused prejudice to defendant.1 The facts are set forth in our previous opinion. Van Gordon v. PGE Co., 59 Or App 740, 652 P2d 817 (1982); rev’d and remanded, 294 Or 761, 662 P2d 714; on remand 64 Or App 135, 667 P2d 532 (1983).

Under prior law, the erroneous admission of evidence was presumed to be prejudical without an affirmative showing by the adverse party that the error was harmless. See, e.g., Elam v.…