Kennedy v. Wheeler

Oregon law requires that “[i]n civil cases three-fourths of the jury may render a verdict.” Article VII (Amended), section 5(7), of the Oregon Constitution; ORCP 59 G(2). In this negligence case, defendant admitted liability, and a jury of twelve was asked to decide the issues of causation and damages. The jury completed a special verdict form and unanimously agreed that defendant had caused damage to plaintiff. At least three-fourths of the jurors (i.e., nine of twelve) also agreed to award plaintiff specific amounts of economic and noneconomic damages. However, the same nine jurors did not…