McCollum v. Kmart Corp.

In this personal injury action, defendant Kmart Corporation appeals from an order that set aside a judgment for defendant and granted plaintiff Ruth McCollum a new trial under ORCP 64 B(l) and (6). Plaintiff defends the trial court’s reasoning, urges, alternatively, that she was entitled to a new trial under ORCP 64 B(4), and also advances, byway of a “cross-assignment of error,” an additional, potential alternative basis for affirmance. We conclude that the trial court erred in granting the motion for new trial on its stated grounds, and we reject plaintiffs alternative contentions.…