Frogge v. U S West Communications, Inc.

Plaintiff Frogge petitions for reconsideration of our previous opinion. 116 Or App 570, 841 P2d 703 (1992). We allow the petition and modify our opinion.1

Plaintiffs breach of contract claim for lost profits was dismissed on defendant’s motion for a directed verdict. Plaintiff assigned error to the order granting that motion. We declined to consider the assignment, citing violations of ORAP 5.45(4). On reconsideration, we exercise our discretion to consider the assignment.

To establish damages based on lost profits, a plaintiff must present evidence establishing the lost net profits. Jenks v.…