WINN v. FRY

146,191; CA A33700.

714 P.2d 269 (1986)

77 Or.App. 690

Virginia M. WINN, Appellant, v. Ethel H. FRY, Respondent.

Court of Appeals of Oregon.

Decided February 12, 1986.

Reconsideration Denied April 4, 1986.


Attorney(s) appearing for the Case

J. Michael Alexander, Salem, argued the cause for appellant. With him on brief was Burt, Swanson, Lathen, Alexander & McCann, Salem.

Jim A. Wickwire, Salem, argued the cause for respondent. On brief were Joe W. Much, and Spooner & Much, Salem.

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


ROSSMAN, Judge.

Plaintiff sought to recover for injuries which she suffered in a rear-end automobile accident. The jury found for defendant. Plaintiff assigns as error the trial court's refusal to rule that defendant was negligent as a matter of law and its failure to instruct the jury that plaintiff could recover damages, even though she had a preexisting injury. Because we conclude that the requested jury instructions should have been given, we reverse.

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