Port of Portland v. Brady-Hamilton Stevedore Co.

Defendant petitions for reconsideration, claiming that under the facts of this case, a retrial is unnecessary. We remanded the case for retrial, because we could not determine from the general verdict that defendant was awarded its damages under a theory which was properly submitted to the jury. 62 Or App 92, 659 P2d 995 (1983). We still have that dilemma but conclude that plaintiff was not prejudiced.

We noted in our opinion that defendant’s third count, if construed as one for breach of express contract to furnish a crane in working order, was unsupported by evidence and should not have been…