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McCOMB v. TAMLYN

(CCV 97-09-080; CA A105285)

20 P.3d 237 (2001)

173 Or. App. 6

Shawna McCOMB, Appellant, v. Lisa M. TAMLYN and State of Oregon, by and through its Department of Transportation, Respondents.

Court of Appeals of Oregon.

Decided March 14, 2001.

Attorney(s) appearing for the Case

Helen T. Dziuba, Portland, argued the cause filed the briefs for appellant. With her on the briefs was Law Office of Helen T. Dziuba.

Thomas M. Christ, Portland, argued the cause for respondent Lisa M. Tamlyn. With him on the brief was Mitchell, Lang & Smith.

Michael C. Livingston, Assistant Attorney General, argued the cause for respondent State of Oregon. With him on the brief were Hardy Myers, Attorney General, and Michael D. Reynolds, Solicitor General.

EDMONDS, Presiding Judge, and ARMSTRONG and BREWER, Judges.

EDMONDS, P.J.

Plaintiff was injured when defendant Tamlyn's vehicle hit her while plaintiff was riding her bicycle in a crosswalk. Plaintiff entered the crosswalk with a "Walk" signal, while Tamlyn had a solid green light when she turned into it from a dedicated right turn lane. Plaintiff alleged that Tamlyn was negligent in driving her vehicle and that the state Department of Transportation (the state) was negligent in designing the signals for the intersection....

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