Maulding v. Clackamas County

Plaintiff was injured when he fell while unloading refuse at defendant’s garbage disposal facility. A jury returned a verdict for defendant, but the trial court granted plaintiff’s motion for a new trial. The Court of Appeals reversed the trial court, 27 Or App 571, 557 P2d 41 (1977), and plaintiff appeals.

At the trial plaintiff requested and the court gave the Oregon State Bar Uniform Instruction on Comparative Negligence. The instruction stated that the plaintiff could recover only if the defendant’s negligence was greater than plaintiff’s negligence. Later, the jury returned to ask what…