Callahan v. Sellers

A jury found that plaintiff and defendant were each 50 percent responsible for a motorcycle accident that took place on the Cleveland Loop Road near Roseburg. Defendant was the operator; plaintiff was his passenger. Plaintiff appeals, claiming that the court erred when it denied her motion to strike 1 two of defendant’s affirmative defenses on the ground that no evidence supported his allegations of her comparative negligence. We affirm.

Plaintiffs case went to the jury on the theory that defendant caused the accident by failing to maintain control of the motorcycle. 2 Defendant argued to the…