ROSEN v. WRIGHT

No. A8302-00808; CA A31152.

701 P.2d 785 (1985)

Jack P. ROSEN, Appellant, v. Algine L. WRIGHT, Respondent.

Court of Appeals of Oregon.

Argued and Submitted November 26, 1984.


Attorney(s) appearing for the Case

Garry L. Kahn, P.C., Portland, argued the cause for appellant. With him on the briefs was Emerson G. Fisher, Portland.

M. Robert F. Smith, Portland, argued the cause for respondent. With him on the brief was Zikes, Kayser, Freed, Smith & Heald, P.C., Portland.

Before BUTTLER, P.J., and WARREN and ROSSMAN, JJ.


ROSSMAN, Judge.

In this claim for personal injuries the critical issue at trial was whether plaintiff-pedestrian had the right of way or was "jaywalking" when he was struck by defendant's automobile. The resolution of this issue requires the interpretation of ORS 487.005(4)(a), which defines an unmarked crosswalk.

Plaintiff contends that the trial court erred, first, in prohibiting him from arguing his theory of the case to the jury and, second, in submitting...

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