Lane v. Brown

In this personal injury action arising out of an automobile accident, the issue involves whether the trial court properly gave the so-called “emergency” instruction to the jury. The trial court gave the instruction over plaintiffs’ objection, and the jury returned a verdict in defendant’s favor. Plaintiffs appealed to the Court of Appeals, arguing that the evidence did not establish an “emergency” that would support giving the instruction. The Court of Appeals disagreed and held that the trial court did not err in giving the instruction. Lane v. Brown, 138 Or App 34, 906 P2d 821 (1995).…