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

This is a civil case involving a number of disputes between a franchisor, Goodyear Tire & Rubber Company (Goodyear), and a franchisee, Tualatin Tire & Auto, Inc. (Tualatin). We allowed review to determine two important issues of civil procedure. The first is whether the “we can’t tell” rule, described by this court in Whinston v. Kaiser Foundation Hospital, 309 Or 350, 356-61, 788 P2d 428 (1990), and Pavlik v. Albertson’s, Inc., 253 Or 370, 454 P2d 852 (1969), 1 may, consistent with ORCP 63, be applied to require that there be a new trial in a case in which there was no motion for a new trial…