Charmley v. Lewis

*326GILLETTE, J.

In this personal injury case, the trial court admitted evidence of plaintiffs “habit” of invariably using a particular crosswalk in crossing a street at a certain intersection. Plaintiff offered the evidence to prove that he must have been in that particular crosswalk when he was struck by defendant’s car. A jury returned a verdict for plaintiff. Defendant appealed. The Court of Appeals affirmed. Charmley v. Lewis, 77 Or App 112, 711 P2d 984 (1985). We granted defendant’s petition for review to determine whether the Court of Appeals erred in interpreting the requirements contained…