WHEELER V. HUSTON 605 P.2d 1339 (1980) CASE BRIEF

WHEELER V. HUSTON

605 P.2d 1339 (1980)

NATURE OF THE CASE: Defendant property owners sought review of an order which affirmed a trial court judgment awarding damages for negligence to plaintiff milkman who fell on the owners' property while making a delivery. The jury initially returned a verdict for the exact amount of special damages claimed by the milkman, but it awarded a larger amount after re-instruction by the trial court.

FACTS: P, a milkman, fell while making a delivery to D, and sued for damages. Ds denied responsibility for the fall, denied that P sustained injury, and claimed that the P was also at fault. P prayed for general damages and for special damages of $9,120.25 (lost wages of $6,000 and medical expenses of $3,120.25). The jury returned a special verdict in the form used in comparative fault cases. P was 45 percent at fault, that Ds were 55 percent at fault, and that P's 'total money damages' were $9,120.25, the exact amount of the claimed special damages. The verdict form made no apportionment between special damages and general damages. When queried if they intended to award nothing for general damages, the foreman responded that the jury intended to award medical expenses and lost wages. The court then reinstructed the jury that under the law of the state of Oregon the jury could not award special damages without an award of general damages, and sent out the jury for further deliberations. The jury returned with a verdict which again found Ds 55 percent at fault, P 45 percent at fault, and assessed P's 'total money damages' in the sum of $20,000. Judgment was entered on this verdict. D appealed to the Court of Appeals, which affirmed per curiam. This appeal resulted.

ISSUE:

RULE OF LAW:

HOLDING AND DECISION:

LEGAL ANALYSIS:

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