(Citations omitted.) The second category of Oregon cases which the parties discuss is exemplified by Laurie v. The Patton Home, 267 Or. 221, 516 P.2d 76 (1973). The plaintiff was a resident of the defendant home for the aged, and she brought a negligence action for injuries suffered when an intruder broke into the home and attacked her.
We find no similarity between the above instruction and the emergency instruction given. The court should strive to not unduly emphasize a portion of either party's requested instructions, but emphasis by repetition does not constitute reversible error. Laurie v. The Patton Home, 267 Or. 221, 225, 516 P.2d 76 (1973). The last sentence of the instruction given is taken almost verbatim from Freund v. DeBuse, 264 Or. 447, 506 P.2d 491 (1973) (brake failure case).
Defendant argues that it was proper to strike allegations 6, 7 and 8 because they merely repeat, in detail, what is alleged generally in the first five allegations. See Laurie v. The Patton Home, 267 Or. 221, 516 P.2d 76 (1973); Mayor v. Dowsett, 240 Or. 196, 400 P.2d 234 (1965). We do not agree. A failure to inspect the brace is not equivalent to, nor does it encompass, a failure to inspect the brace while worn by the patient.