CALLAHAN v. SELLERS

L88-2462; CA A62469.

806 P.2d 1176 (1991)

106 Or. App. 298

Joy Lynn CALLAHAN, Appellant, v. Glen E. SELLERS, Respondent.

Court of Appeals of Oregon.

Decided March 6, 1991.

Reconsideration Denied April 17, 1991.


Attorney(s) appearing for the Case

Dean Heiling, Salem, argued the cause for appellant. With him on the briefs was Gatti, Gatti, Maier & Associates, Salem.

Joel S. Devore, Eugene, argued the cause for respondent. With him on the brief was Luvaas, Cobb, Richard & Fraser, P.C., Eugene.

Before BUTTLER, P.J., and ROSSMAN and DE MUNIZ, JJ.


DE MUNIZ, Judge.

A jury found that plaintiff and defendant were each 50 percent responsible for a motorcycle accident that took place on the Cleveland Loop Road near Roseburg. Defendant was the operator; plaintiff was his passenger. Plaintiff appeals, claiming that the court erred when it denied her motion to strike1 two of defendant's affirmative defenses on the ground that no evidence supported his allegations of her comparative negligence...

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