Scott v. Kesselring

Summary

The Oregon Supreme Court affirmed the circuit court’s judgment, holding that the trial court correctly admitted evidence of the defendant’s cellphone use because it was relevant to the foreseeability inquiry, and that a defendant is liable for the full extent of harms even when the extent is not foreseeable. The Court also reiterated that a plaintiff must prove the defendant’s conduct unreasonably created a foreseeable risk to a protected interest of the kind of harm that occurred.