Gilles v. Rehabilitation Institute of Oregon

The evidence in this case is uncontradicted that at the time when plaintiff was re-injured during the course of her treatment by defendants she either had a petit mal attack, as described by the attendants, or “blacked out” in the process of fainting, as she herself testified. Despite that uneontradicted testimony, the majority, based upon testimony that she “retained some state of consciousness,” would hold that the issue of contributory negligence was properly submitted to the jury by concluding that “the jury could infer from the testimony that plaintiff’s conduct was volitional, that is,…