SMITH v. WETHERELL


523 P.2d 1272 (1974)

Patricia Lee SMITH, Appellant v. Jeanne M. WETHERELL and Donald G. Franklin, Respondents.

Supreme Court of Oregon, In Banc.

Decided June 20, 1974.


Attorney(s) appearing for the Case

Robert L. McKee, Portland, argued the cause and filed a brief for appellant.

Thomas Sauberli, Portland, argued the cause for respondents. With him on the brief were Vergeer, Samuels, Rohr & Sweek, Portland.


DENECKE, Justice.

The plaintiff was injured when the car in which she was a passenger collided with defendants' car. The jury returned a verdict for the defendants and plaintiff appeals.

The plaintiff was riding in a Datsun going south on 122nd Avenue, a four-lane road. The defendants drove out of a Fred Meyer's store parking lot, from plaintiff's right, onto 122nd where they collided with the Datsun.

Plaintiff charged that defendants failed to yield...

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