Pearson v. Schmitt

The plaintiff has filed a motion for an order to recall the mandate entered by this court on September 2, 1971. This was an action in tort wherein plaintiff sued to recover personal injuries due to the negligence of the defendants. The jury returned a verdict in favor of plaintiff for the sum of $10,239.50. The verdict form was unsegregated as to general or special damages. However, the complaint alleged lost wages and income in the amount of $4,900. The opinion, Pearson v. Schmitt, 259 Or 439, 487 P2d 84 (1971), “affirmed as modified,” and reduced judgment in favor of plaintiff in the amount…