You are viewing a free summary from Descrybe.ai. For citation checking, legal issue analysis, and other advanced tools, explore our Legal Research Toolkit — not free, but close.

Rosen v. Wright

Citations: 74 Or. App. 83; 701 P.2d 785Docket: A8302-00808; CA A31152

Court: Court of Appeals of Oregon; June 5, 1985; Oregon; State Appellate Court

Narrative Opinion Summary

This case involves a personal injury claim where a plaintiff-pedestrian was struck by the defendant's automobile. The central legal issue pertained to whether the plaintiff had the right of way as defined by ORS 487.005(4)(a), concerning the boundaries of an unmarked crosswalk. The plaintiff's argument that the trial court erred in limiting his case presentation and in treating statutory interpretation as a factual question was pivotal. The trial court had advised the jury to interpret the statute, resulting in a defense verdict attributing 70% negligence to the plaintiff. However, the appellate court determined that the interpretation of the statute is a legal question for the court, not the jury, and the trial court's failure to clarify the statute's meaning compromised the fairness of the trial. The court favored the defendant's reading of the statute, which defined the crosswalk as a trapezoidal shape due to differing sidewalk widths, but acknowledged the potential jury confusion. Consequently, the judgment was reversed, and the case remanded for a new trial to ensure proper statutory interpretation and a fair adjudication of the plaintiff's claims.

Legal Issues Addressed

Definition of Unmarked Crosswalk under ORS 487.005(4)(a)

Application: The court agreed with the defendant's interpretation that the definition of an unmarked crosswalk results in a trapezoidal shape due to differing sidewalk widths, impacting the determination of whether the plaintiff was jaywalking.

Reasoning: It affirmed that the defendant's interpretation of the statute was correct, explaining that the statute's definition of an unmarked crosswalk, when two roadways with sidewalks intersect, results in a trapezoidal shape due to differing sidewalk widths.

Interpretation of Statutes in Personal Injury Cases

Application: The court held that the interpretation of a statute is a question of law, which must be resolved by the court, not the jury. The trial court erred by not interpreting ORS 487.005(4)(a) regarding the definition of an unmarked crosswalk.

Reasoning: The court found that it erred by not interpreting the statute, which is a legal question for the court to resolve.

Jury Instructions and Legal Interpretation

Application: The trial court's failure to provide clear jury instructions on the interpretation of ORS 487.005(4)(a) led to an unfair trial. The lack of guidance left the plaintiff's attorney disadvantaged and contributed to the reversal and remand for a new trial.

Reasoning: The court initially suggested that the defendant's interpretation of ORS 487.005(4)(a) regarding the geometric shape of an unmarked crosswalk was correct, instructing the plaintiff's attorney not to present an alternative argument to the jury.

Right to a Fair Trial and Statutory Ambiguity

Application: The ambiguity in how the jury could have interpreted the statute without court guidance created a significant risk of prejudice against the plaintiff's right to a fair trial, necessitating a reversal of the judgment.

Reasoning: The court acknowledged that while it could view the defendant's interpretation as correct, the ambiguity surrounding how the jury interpreted the statute created a significant risk of prejudice against the plaintiff's right to a fair trial.