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YOUNGBLUTH v. PEOPLES

No. A7705-06620; CA 15399.

622 P.2d 1144 (1981)

50 Or.App. 289

Stephen J. YOUNGBLUTH by His Guardian/Conservatrix, Eileen M. Burk, Appellant, v. Bernice Dorothy PEOPLES and Donald Dean Widner, Respondents.

Court of Appeals of Oregon.

Decided February 3, 1981.

Reconsideration Denied March 12, 1981.

Review Denied March 31, 1981.

Attorney(s) appearing for the Case

Bernard Jolles, Portland, argued the cause for appellant. On the briefs were William B. Aitchison, Larry N. Sokol, and Jolles, Sokol & Bernstein, P.C., Portland.

L.M. Schouboe, Portland, argued the cause for respondent Bernice Dorothy Peoples.

William Hallmark, Portland, argued the cause for respondent Donald Dean Widner. With them on the brief were Schouboe, Marvin & Furniss, Margaret H. Leek Leiberan, and Lang, Klein, Wolf, Smith, Griffith & Hallmark, Portland.

Before GILLETTE, P.J., and ROBERTS and CAMPBELL, JJ.

CAMPBELL, Judge.

Plaintiff brought this action to recover damages for personal injuries sustained in an automobile accident.

Shortly after 5:00 p.m. on September 24, 1976, defendant Dorothy Peoples was driving her car on Interstate 5 in Portland when one of her tires went flat. She was driving in the left-hand lane of the three northbound lanes, and, because she felt the traffic was too heavy, she did not attempt to pull over to the right shoulder of the freeway...

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