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STOKES v. LUNDEEN

(16-97-06536; CA A104471)

7 P.3d 586 (2000)

168 Or. App. 430

Gerald A. STOKES, Appellant, v. Patti Ann LUNDEEN, Respondent.

Court of Appeals of Oregon.

Decided June 21, 2000.

Attorney(s) appearing for the Case

George W. Kelly, Eugene, argued the cause and filed the briefs for appellant.

Joel A. DeVore, Eugene, argued the cause for respondent. With him on the brief was Luvaas, Cobb, Richards & Fraser, P.C.

Before De MUNIZ, Presiding Judge, and HASELTON and WOLLHEIM, Judges.

Argued and Submitted February 17, 2000, Mt. Angel.

HASELTON, J.

Plaintiff appeals from a judgment for defendant, following a jury trial, in a personal injury action arising from an auto collision. Plaintiff assigns error to the trial court's refusal to grant a directed verdict against defendant's affirmative defenses that plaintiff was negligent in causing the accident, including a defense that plaintiff was negligent per se in driving "more than [t...

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