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McKINNEY v. SMITH

No. 51729; CA 12935.

602 P.2d 679 (1979)

43 Or.App. 215

Jimmy Keith McKinney, Appellant, v. David Eugene SMITH, Respondent.

Court of Appeals of Oregon.

Decided November 13, 1979.

Attorney(s) appearing for the Case

J.W. Walton, Corvallis, argued the cause for appellant. On the brief were Robert G. Ringo, and Ringo, Walton, Eves & Gardner, P.C., Corvallis.

Bruce W. Williams, Salem, argued the cause for respondent. With him on the brief was Williams, Spooner & Graves, P.C., Salem.

Before JOSEPH, P.J., and LEE and RICHARDSON, JJ.

JOSEPH, Presiding Judge.

Plaintiff appeals from a judgment on a jury verdict finding plaintiff 68 percent negligent and defendant 32 percent negligent in a motorcycle-truck accident. Plaintiff assigns as errors: (1) an instruction on "lawful left turn"; and, (2) failure to direct a verdict for plaintiff.

Defendant was proceeding in his truck in a westerly direction on a two-way road; plaintiff was traveling in the...

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