Goodyear Tire & Rubber Co. v. Tualatin Tire & Auto, Inc.

In Goodyear Tire & Rubber Co. v. Tualatin Tire & Auto, 322 Or 406, 908 P2d 300 (1995), this court concluded that, in the context of a dispute between Goodyear Tire & Rubber Company (Goodyear) and its franchisee, Tualatin Tire & Auto (Tualatin), the “we can’t tell” rule of Whinston v. Kaiser Foundation Hospital, 309 Or 350, 788 P2d 428 (1990), does not justify the granting of a new trial on appeal when, by operation of ORCP 63 C, the appellant is deemed to have waived that remedy. In accordance with that ruling, we reversed the decision of the Court of Appeals, which had remanded certain of…