Rose v. Whitbeck

Defendant Theodore Rose (Ted), on petition for rehearing, contends that upon reversing the case as to petitioner’s codefendant, both as to general and punitive damages, this court should have remanded the question of punitive damages as to Ted for a new trial.

This is a question of first impression for this court. In Fredeen v. Stride, 269 Or 369, 375-76, 525 P2d 166 (1974), we reversed the rule of Gill v. Selling et al, 125 Or 587, 594-95, 267 P 812 (1928), and held that a plaintiff does not waive her claim for punitive damages against one defendant by electing to join in the same action…