Howmar Materials, Inc. v. Peterson

Plaintiffs have petitioned for reconsideration of our decision in Howmar Materials, Inc. v. Peterson, 171 Or App 52, 14 P3d 631 (2000). They argue, among other things, that we erred in concluding that the jury could have awarded defendant separate damages on his counterclaims for fraudulent misrepresentation and fraudulent concealment. We allow the petition for reconsideration and adhere to our decision as modified.

In our previous opinion, we held that, in light of Building Structures, Inc. v. Young, 328 Or 100, 968 P2d 1287 (1998), plaintiffs’ failure to ask for clarification of the verdict…