Kriner v. Weaver
| Citation | 556 P.2d 652,276 Or. 741 |
| Parties | Gregory A. KRINER, Respondent, v. Harry WEAVER and Wanda Rose Weaver, husband and wife, Appellants. |
| Decision Date | 26 November 1976 |
| Court | Oregon Supreme Court |
Duane Vergeer, Portland, argued the cause for appellants. With him on the brief were Thomas Sauberli and Vergeer, Samuels, Roehr & Sweek, Portland.
Nels Peterson, Portland, argued the cause for respondent. On the brief were Bryan L. Peterson and Peterson, Susak & Peterson, P.C., Portland.
Before DENECKE, C.J., and O'CONNELL, HOLMAN, TONGUE, HOWELL, BRYSON and LENT, JJ.
Plaintiff brought this action to recover damages for personal injuries sustained in a motorcycle-automobile accident. The jury returned a verdict with special findings and interrogatories (ORS 17.415) finding defendants 51 percent negligent and plaintiff 49 percent negligent. They assessed plaintiff's total damages at $8,652.26, the amount alleged as plaintiff's special medical damages. Judgment was entered in favor of the plaintiff.
On plaintiff's motion, the court ordered a new trial on the ground of plaintiff's motion, which states:
'* * *.
The defendants contend that the trial court erred in setting aside the judgment and granting plaintiff a new trial in that plaintiff waived his right to object to the contents of the verdict when he failed to be present at the time the verdict was received and failed to make a timely objection before the jury was discharged.
The affidavit of counsel supporting plaintiff's motion for a new trial and the transcript stipulated to by both attorneys, before the court, regarding what transpired after the jury retired to deliberate constitutes the only record. It reveals the following:
'And then I think I was the one that might have suggested that Judge Musick take the verdict and that's where we got into the discussion of, if there was any problem in the case that the three of us would be available by telephone and could come back here within roughly thirty minutes and solve any problems with the jury.
'* * *
'* * * (A)ll three of us gave phone numbers where we could be reached, should there be any questions, * * *.'
Judge Musick received the verdict. Neither plaintiff's nor defendants' attorney, Judge Milnes nor a court reporter were present when the verdict was received. Null v. Siegrist, 262 Or. 264, 497 P.2d 664 (1972), similar to the case at bar, was an action for damages for personal injuries where the jury returned a verdict for '$1 general damages and $256 special damages.' The court reporter was not present when the verdict was returned. The attorneys were present but no...
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Wheeler v. Huston
...P.2d 1367 (1975); Eisele v. Rood, 275 Or. 461, 551 P.2d 441 (1976); Storey v. Madsen, 276 Or. 181, 554 P.2d 500 (1976); Kriner v. Weaver, 276 Or. 741, 556 P.2d 652 (1976); Davis v. Hinman, 39 Or.App. 171, 591 P.2d 417, rev. allowed, 287 Or. 1 Court of Appeals cases on the same subject are: ......
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Mitchell v. Elrod
...(Mo.Ct.App.1988), 759 S.W.2d 610; Thompson Drilling, Inc. v. Romig (1987), 105 N.M. 701, 736 P.2d 979.) In one case, Kriner v. Weaver (1976), 276 Or. 741, 556 P.2d 652, the Oregon Supreme Court found waiver even though the verdict was returned in the absence of the trial judge, the parties'......
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Building Structures, Inc. v. Young
...(1977) (plaintiff waived any objection to verdict favoring defendant by failing to object when jury was present); Kriner v. Weaver, 276 Or. 741, 744-45, 556 P.2d 652 (1976) (where verdict awarded only economic damages, plaintiff waived "any claimed irregularity" of the verdict by failing to......
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Marquam Inv. Corp. v. Myers
...that the trial court erred in denying her motion for a new trial on the ground of jury misconduct cannot be sustained. Kriner v. Weaver, 276 Or. 741, 556 P.2d 652 (1976). THIRD AMENDED Defendant assigns as error the trial court's allowance of plaintiff's third amended reply which placed in ......