Bjorndal v. Weitman

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 plaintiffs 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. Plaintiff also argued that the emergency instruction is disfavored in Oregon and never should be given. The Court of Appeals affirmed in a brief per…