# Tijerina v. Cornelius Christian Church

> Oregon Supreme Court · September 5, 1975 · 273 Or. 58

URL: https://www.frixlaw.com/law-library/cases/9537084

## Case

- **Full name:** TIJERINA, Respondent, v. CORNELIUS CHRISTIAN CHURCH, Appellant
- **Court:** Oregon Supreme Court
- **Decided:** September 5, 1975
- **Citations:** 273 Or. 58; 539 P.2d 634; 1975 Ore. LEXIS 302
- **Precedential status:** Published
- **Opinion:** Concurrence by Howell
- **Judges:** O'Connell, Howell
- **Cited by:** 17 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9537084

## Opinion text

HOWELL, J.,
specially concurring.
While I have serious doubts that the average juror needs an expert witness to tell him the difference between a backyard pasture and an improved baseball field, I do not believe that such evidence was of any particular significance in this case. However, I do not believe that the test of admissibility of such evidence is whether or not expert evidence could be of help to a jury. If the expert opinion evidence is related to some technical field, it is admissible. If the jury is equally well qualified to find the truth or the subject is a matter of common knowledge, expert opinion evidence is not admissible. In the gray area in between we have held that the admissibility of such evidence is within the discretion of the trial judge. See Yundt v. D & D Bowl, Inc., 259 Or 247 , 486 P2d 553 (1971) ; Cooney v. McGee, 268 Or 521 , 521 P2d 1051 (1974).

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9537084. Public record. Not legal advice.