Schlimgen v. May Trucking Co.

This case is before us on remand from the Supreme Court. Schlimgen v. May Trucking Co., 335 Or 143, 61 P3d 923 (2003). In our original decision, we held that the trial court erred in denying defendant’s motion for a mistrial; that motion should have been granted, we concluded, because the trial court gave the deadlocked jury an improperly coercive verdict-urging instruction. Schlimgen v. May Trucking Co., 178 Or App 397, 410, 37 P3d 1005 (2001). We therefore reversed and remanded for a new trial. Id. That disposition obviated our need to address defendant’s other assignments of error. The…