Appeal from Circuit Court, Lane County. Roland K. Rodman, Judge.
Leslie M. Swanson, Jr., Eugene, argued the cause for appellant. With him on the briefs were Johnson, Johnson & Harrang, Eugene.
John C. Sihler, Eugene, argued the cause for respondent. With him on the brief were Thwing, Atherly & Butler, Eugene.
Plaintiff brought an action for damages resulting from personal injuries suffered in a collision between a motorcycle, upon which plaintiff was a passenger, and defendant's automobile. She appeals from a judgment for defendant which was entered pursuant to a jury verdict.
The collision occurred at the intersection of Highway 126 and Quince Street at the east edge of the city of Florence. The motorcycle was traveling eastward on Highway 126 and was leaving Florence for Eugene. Defendant was traveling south on Quince Street. Highway 126, an arterial highway, is protected by stop signs which require traffic on Quince Street to stop prior to entering the intersection. To the west of its intersection with Quince Street, Highway 126
is a four-lane highway; to the east, a two-lane highway. The accident occurred on the day of the Rhododendron Festival in Florence, and traffic was congested as it came into the city from the direction of Eugene.
Defendant stopped his vehicle at the stop sign on the north side of Highway 126. He remained at the stop sign several minutes while seeking an opening in the single lane of traffic moving west which would permit him to cross the highway. The vehicles in this line of traffic were backed up so that both westward lanes to defendant's right were occupied with vehicles stopping and slowly going ahead.
As an opening presented itself in the almost solid line of traffic going into Florence, defendant started to cross the intersection. About the same time, two pickup campers which had been sitting on Quince Street at the stop sign on the south side of Highway 126, across from defendant, also entered the intersection and turned left to the west in front of defendant. The first camper was successful in making the turn into the inside lane of westerly traffic, but immediately had to stop. This left no room for the second camper, which was closely following the first one, to clear the intersection, and it had to stop diagonally across defendant's southbound lane of travel. Defendant therefore had to stop with the front of his vehicle at about the middle of the intersection and he remained there several minutes until the second camper was able to complete its left-hand turn into the inside lane of the westward stream of traffic.
Defendant then continued across the southerly half of Highway 126. While he was doing so, his vehicle was hit in the middle of its right side by the
motorcycle which was traveling in an easterly direction toward ...