Weigel v. Ron Tonkin Chevrolet Co.

This is an action for fraud and for violation of the Unlawful Trade Practices Act (UTPA), ORS 646.605 et seq. The trial court granted defendant’s motion for a directed verdict on the fraud count. Defendant appeals from a judgment for general and punitive damages following a jury trial. It contends that the trial court erred in (1) entering judgment for plaintiff, (2) instructing the jury and (3) denying its motion for a mistrial. Although we find that the trial court did err in instructing the jury, we nonetheless affirm, because we conclude that the erroneous instruction did not prejudice…