Eslamizar v. American States Insurance

Plaintiff appeals from a judgment entered upon a jury verdict in favor of defendant, assigning error to the trial court’s failure to grant plaintiffs motion for a directed verdict on defendant’s affirmative defenses and to the form of verdict submitted to the jury. We reverse and remand.

We view the facts in the light most favorable to defendant and extend to defendant the benefit of every reasonable inference that may be drawn from the evidence. Shockey v. City of Portland, 313 Or 414, 422, 837 P2d 505 (1992) , cert den_US_, 113 S Ct 1813, 123 L Ed 2d 444 (1993) .

Plaintiff owned a restaurant,…