McIntire v. Gray

pro tempore.

Plaintiff was injured as a result of defendant’s negligent operation of his automobile. Plaintiff’s insurer paid plaintiff’s medical expenses and reimbursed her for lost wages under coverage required by ORS 743.800-.835 (PIP benefits). Plaintiffs insurer was reimbursed for some of these payments by defendant’s insurer pursuant to ORS 743.825. Plaintiff then filed this personal injury action against defendant.

In her original complaint, plaintiff sought both general damages and special damages for lost wages and medical expenses. On the morning of trial, plaintiff withdrew her…