Van Gordon, Etc. v. Portland Gen. Elec.

The majority holds that the trial court should have granted defendant’s motion to dismiss or for a directed verdict. I disagree and concur with the conclusion of Judge Richardson that (1) plaintiffs proof of recklessness was sufficient to go to the jury and to support the verdict and (2) ORS 105.655 et seq does not immunize defendant from liability. However, because I conclude that the trial court erroneously admitted evidence that after the accident defendant had replaced its warning signs, I would reverse and remand for a new trial.

There was evidence from which the jury could have found the…