Jones v. Burns

The plaintiff while driving an automobile was “rear-ended” by the defendant. In an action for personal injuries received in this collision the jury returned a verdict for the defendant. The trial court granted plaintiff’s motion for a new trial and the defendant appeals.

The motion was granted more than 30 days after the judgment and, therefore, could only be granted upon one of the grounds specified in the motion. ORS 17.620, 17.630; Johnson v. Field, 253 Or 654, 656, 456 P2d 483 (1969).

Several of the grounds of the motion are based upon the proposition that the defendant was negligent as a…