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SCOTT v. IVERSON

90CV-0264-TM; CA A74384.

853 P.2d 302 (1993)

120 Or. App. 538

Jared SCOTT, by his guardian ad litem, Beverly J. SCOTT, Appellant, v. Cheryl Marie IVERSON, Respondent.

Court of Appeals of Oregon.

Decided June 2, 1993.

Reconsideration Denied August 4, 1993.

Review Denied August 24, 1993.

Attorney(s) appearing for the Case

Lawrence W. Erwin and Babb, Avedovech & Erwin, Bend, filed the briefs for appellant.

Michael A. Lehner, Portland, argued the cause for respondent. With him on the brief was Edward L. Sears and Lehner, Mitchell, Rodrigues & Sears, Portland.

Before RICHARDSON, C.J., and DEITS and DURHAM, JJ.

RICHARDSON, Chief Judge.

Plaintiff, a minor, appeals from the judgment for defendant in this action for damages resulting from the collision between his bicycle and defendant's automobile. Plaintiff assigns error to the court's giving of the "emergency instruction":

"People who are suddenly placed in a position of peril through no negligence of their own and who are compelled to act without opportunity for reflection are not negligent if they made such a...

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