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BJORNDAL v. WEITMAN

031320; A131325.

157 P.3d 261 (2007)

212 Or. App. 143

Brenda BJORNDAL, Plaintiff-Appellant, v. Jay WEITMAN, Defendant-Respondent.

Court of Appeals of Oregon.

Decided April 11, 2007.

Attorney(s) appearing for the Case

Stephen P. Riedlinger, Portland, argued the cause for appellant. With him on the briefs was Susak & Powell, PC.

Ralph C. Spooner, Salem, argued the cause for respondent. With him on the brief were Melissa J. Ward and Spooner & Much, P.C.

Before HASELTON, Presiding Judge, and ARMSTRONG and ROSENBLUM, Judges.

PER CURIAM.

Plaintiff appeals from a judgment for defendant, following a jury trial in an automobile personal injury case. Plaintiff contends that the trial court erred in giving the so-called "emergency" instruction, UCJI 20.08.1 She argues, particularly, that (1) defendant was not entitled to that instruction because the evidence established that any "emergency" that existed "was created by [d]efendant"; and (2) in all events, the instruction...

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