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DROSCH v. KATO

240 Or. 78 (1965)

400 P.2d 8

DROSCH v. KATO

Supreme Court of Oregon.

Affirmed March 17, 1965.

Attorney(s) appearing for the Case

Edwin J. Peterson and Lamar Tooze, Portland, argued the cause for appellant. With them on the briefs were Tooze, Powers, Kerr, Tooze & Morrell, Portland.

Philip A. Levin, Portland, argued the cause for respondent. With him on the brief were Pozzi, Levin & Wilson, Portland.

Before McALLISTER, Chief Justice, and PERRY, SLOAN, O'CONNELL, GOODWIN, DENECKE and HOLMAN, Justices.

AFFIRMED.

DENECKE, J.

Defendant-appellant contends that the trial court erred in not granting a remittitur or new trial upon the ground that the verdict for $84,000 general damages and $8,942.55 special damages in this personal injury action was excessive.

Defendant argues that the trial court and this court have the power to grant a new trial unless a remittitur is filed. The trial court held that it did not have such authority, and that even if it...

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