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BARRETT v. WARRINGTON

No. A8006-03482; CA A23444.

653 P.2d 1020 (1982)

60 Or.App. 406

Raymond E. BARRETT, Respondent, v. Bill WARRINGTON, Appellant.

Court of Appeals of Oregon.

Decided November 24, 1982.

Attorney(s) appearing for the Case

Ronald D. Thom, Portland, argued the cause for appellant. On the briefs was Diane C. Brock, Portland.

R.P. Joe Smith, Portland, argued the cause and filed the brief for respondent.

Before RICHARDSON, P.J., JOSEPH, C.J., and VAN HOOMISSEN, J.

PER CURIAM.

Defendant appeals a judgment for plaintiff for general, special and punitive damages in an action for battery. After the jury returned its verdict, defendant moved for a judgment notwithstanding the verdict or, in the alternative, for a new trial on the ground that there was insufficient evidence to support the verdict for punitive damages. As plaintiff points out, defendant did not raise that issue in any fashion during the trial. The issue cannot be...

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