Big River Construction, Inc. v. City of Tillamook

Plaintiff and third-party defendant petition for reconsideration of our decision in Big River Construction, Inc. v. City of Tillamook, 281 Or App 787, 386 P3d 19 (2016). For the reasons that follow, we allow the petition for reconsideration, withdraw our prior disposition, modify our prior opinion in the manner described and adhere to it as modified, and substitute a new disposition.

In Big River Construction, Inc., we determined that the trial court had erred in denying portions of defendant City of Tillamook’s motions for directed verdict, and, as a result, erred in submitting certain…