Franz v. Clark

Defendant appeals from an order granting plaintiff a new trial in an action for negligence. Defendant, the operator of an automobile which struck and injured plaintiff while she was crossing McLoughlin Boulevard in Portland in an unmarked crosswalk, raised an affirmative defense of contributory negligence. Plaintiff sought $65,000 general damages, $720.83 special damages and $15,000 punitive damages. The jury found the parties equally at fault and the total damages to be $1,500. Plaintiff was awarded $750. Plaintiff then moved for a new trial, alleging five errors.1 The trial court granted…