NIEMELA v. COLLINGS


517 P.2d 268 (1973)

David M. NIEMELA, a Minor, by Melba P. Niemela, His Guardian Ad Litem, Appellant, v. Max D. COLLINGS, Respondent.

Supreme Court of Oregon.

Decided December 20, 1973.


Attorney(s) appearing for the Case

Ray G. Brown, Portland, argued the cause and filed briefs for appellant.

Ridgway K. Foley, Jr., Portland, argued the cause for respondent. With him on the brief were Souther, Spaulding, Kinsey, Williamson & Schwabe and Wayne A. Williamson, Portland.

Before O'CONNELL, C.J., and McALLISTER, DENECKE, HOLMAN, HOWELL and BRYSON, JJ.


DENECKE, Justice.

The jury returned a verdict for the defendant in this personal injury action. Plaintiff filed a motion for a new trial contending that several jurors were guilty of misconduct. Plaintiff's motion was denied and he appeals.

The defendant's verdict was 11 to 1. The plaintiff filed the dissenting juror's affidavit with his motion for new trial. The affiant stated that the jury foreman told the affiant that he had ridden with the defendant bus...

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