Durflinger Ex Rel. Durflinger v. Artiles

ORDER OVERRULING DEFENDANTS’ MOTION FOR NEW TRIAL AND SUSTAINING MOTION FOR AMENDED JUDGMENT

THEIS, Chief Judge.

There is presently pending before the Court in this ease defendants’ motions for a new trial and to amend judgment, filed following a jury verdict for plaintiffs in the amount of $92,300, and entry of judgment by the Court. A discussion of the evidentiary basis and the contentions of counsel is necessary for disposition of these post-trial motions.

On April 25,1974, Bradley Durflinger lay in wait in the family room of his parents’ home in Salem, Oregon, and when his mother, Margaret…