Swanson v. Hale

This is an action to recover damages for injuries plaintiff sustained when the vehicle in which she was a passenger was struck from the rear by the vehicle driven by defendant. Both vehicles were proceeding on Tualatin Valley Highway in Washington County, which has two lanes of traffic in each direction. Judgment was entered in favor of defendant on a unanimous jury verdict and plaintiff appeals.

Plaintiff assigns as error the court’s instructing the jury on emergency, Oregon Uniform Jury Instruction 10.10. Plaintiff contends that the court erred (1) because the evidence was clear that…