Davis v. Hinman

PETERSON, J,

This is another personal injury case in which it is claimed that the jury improperly returned an unsegregated verdict for only the special damages. The verdict was received. Thereafter, on plaintiffs motion for new trial, the trial judge ordered a new trial. Defendants appealed to the Court of Appeals, which affirmed. We granted review in this case and in Wheeler v. Huston, 288 Or 467, 605 P2d 1339 (1980), to reconsider the rule applicable to verdicts for only the amount of the claimed specials.

THE FACTS

Plaintiffs fall resulted in a broken wrist. There was evidence that her…