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JACKSON v. ROBBINS

01-CV-0152-AB; A118572.

86 P.3d 67 (2004)

192 Or. App. 372

William J. JACKSON, Appellant, v. Carey J. ROBBINS, Respondent.

Court of Appeals of Oregon.

Decided March 3, 2004.

Attorney(s) appearing for the Case

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

William E. Flinn, Eugene, argued the cause for respondent. With him on the brief was Hurley, Lynch & Re, P.C.

Before EDMONDS, Presiding Judge, and WOLLHEIM and SCHUMAN, Judges.

WOLLHEIM, J.

Plaintiff appeals from a judgment for defendant in a personal injury action that arose from an automobile-motorcycle accident. Plaintiff contends that the trial court erred in giving two jury instructions. First, he asserts that the court erred in giving an instruction on statutory negligence per se because defendant's affirmative defense pleaded only common-law negligence on plaintiff's part. Second, plaintiff asserts that the trial court erred...

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