BJORNDAL v. WEITMAN

(CC 031320; CA A131325; SC S054837).

184 P.3d 1115 (2008)

344 Or. 470

Brenda BJORNDAL, Petitioner on Review, v. Jay WEITMAN, Respondent on Review.

Supreme Court of Oregon, En Banc.

Decided May 8, 2008.


Attorney(s) appearing for the Case

Stephen P. Riedlinger, Susak & Powell, P.C., Portland, argued the cause and filed the briefs for petitioner on review.

Ralph C. Spooner, Spooner, Much, & Ammann, P.C., Salem, argued the cause and filed the briefs for respondent on review. With him on the briefs were Melissa J. Ward, Salem, and Tyler E. Staggs, Salem.

Meagan A. Flynn, Portland, submitted a brief on behalf of amicus curiae Oregon Trial Lawyers Association.


BALMER, J.

In this personal injury action arising out of an automobile accident, we consider — and, having done so, reject — the use of the so-called "emergency instruction" in such cases. The trial court gave that jury instruction at defendant's request and over plaintiff's objection, and the jury returned a verdict in defendant's favor. Plaintiff appealed, arguing that the evidence did not establish an "emergency" that would support giving the instruction...

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