dissenting.
I believe that the instruction given by the court oncerning duty to warn was a correct statement of pplicable law in view of the positions taken by both arties at trial.
As for the allegation that the plaintiff was negligent with regard to her bodily movements, at best it an be described as redundant, but I fail to see how we an conclude that failing to strike it was prejudicial, lot every error, no matter how insignificant, justifies atting aside a jury verdict, be it for plaintiff or efendant. Or Const, Amend Art VII, § 3; ORS 9.125(2).
For the foregoing reasons I respectfully dissent.