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JOHNSON v. McADOO

Nos. 82 2 340; CA A32631.

701 P.2d 788 (1985)

74 Or.App. 46

Joanna M. JOHNSON, Respondent, v. John Robert McAdoo, Appellant.

Court of Appeals of Oregon.

Decided June 5, 1985.

Reconsideration Denied August 23, 1985.

Attorney(s) appearing for the Case

Jay D. Enloe, Portland, argued the cause for appellant. With him on the briefs was Lachenmeier & Enloe, Portland.

Lynne D. Nordholt, Portland, argued the cause for respondent. On the brief were David W. Owens and Owens & Hattenhauer, Portland.

Before GILLETTE, P.J., and VAN HOOMISSEN and YOUNG, JJ.

GILLETTE, Presiding Judge.

This is a personal injury action brought by plaintiff, a passenger in a car, against the driver. The case was tried to a jury, which returned a verdict for defendant, specifically finding that he had not been negligent. Plaintiff was then granted a new trial, because the trial judge concluded that the evidence showed that defendant had been negligent as a matter of law.1 Defendant appeals. We reverse.

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