Lindsay v. Nicewonger Co.

Plaintiff appeals from a limited judgment in this wrongful death action that purports to dismiss her “claim for noneconomic damages.” We hold that there is no appealable judgment in the case and therefore dismiss the appeal for lack of jurisdiction.

Plaintiffs decedent was killed in an automobile accident. Plaintiff brought this action, alleging a single claim for negligence that seeks economic and noneconomic damages. Before trial, defendant moved for partial summary judgment on whether plaintiff could recover noneconomic damages in light of the fact that decedent was an uninsured driver. ORS…