Oregon Supreme Court
184 P.3d 1115 (2008)
Bjorndal (plaintiff) was driving down a highway while looking for her father, who was waiting on the side of the highway with a broken down car. Weitman (defendant) was following Bjorndal in his car. Bjorndal spotted her father on the right side of the road and quickly decelerated, signaled, and turned left into a stopping area. Weitman attempted to pass Bjorndal on the left, but did not see the left turn signal until Bjorndal’s car began to turn, and he collided with Bjorndal’s car. Bjorndal brought a negligence claim against Weitman, and the jury found in favor of Weitman. On appeal, Bjorndal claimed that the trial court erred by charging the jury with an “emergency instruction.” The emergency instruction ordered the jury not to find negligence if Weitman chose to act as a reasonable person might act in an emergency situation, even if Weitman did not make the wisest possible choice.
Rule of Law
Holding and Reasoning (Balmer, J.)
What to do next…
Unlock this case brief with a free (no-commitment) trial membership of Quimbee.
You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.
Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.
Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.
Here's why 239,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 14,200 briefs, keyed to 189 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.