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Bjorndal v. Weitman

Oregon Supreme Court
184 P.3d 1115 (2008)


Facts

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

Issue

Holding and Reasoning (Balmer, J.)

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