Iron Horse Engineering Co. v. Northwest Rubber Extruders, Inc.

I agree with the majority’s resolution of Northwest’s first, third, and fourth assignments of error. In its second assignment of error, Northwest argues that the trial judge provided “a legally incorrect answer to the jury’s written question during deliberations without first notifying counsel.” Iron Horse argues that the error is not preserved,1 but the majority finds it unnecessary to address the preservation issue because it finds harmless error based on State v. White, 55 Or App 729, 639 P2d 1291 (1982).2 Although I agree with the majority that the error was harmless based on the…