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ROSS v. CITY OF EUGENE

Nos. 16-95-10543, 16-95-10542; CA A95889 (Control), CA A95890.

950 P.2d 372 (1997)

151 Or. App. 656

Tumasi ROSS, By and Through his guardians ad litem Randle L. ROSS and Sarah Ross, Appellant, v. CITY OF EUGENE, Respondent, and John Does 1-6, Judy Rodenhuis and Thomas Schulke, Defendants. Cochise MOORE, By and Through his guardians ad litem Patricia S. MOORE and Charles Dalton, Appellant, v. CITY OF EUGENE, Respondent, and John Does 1-6, Judy Rodenhuis and Thomas Schulke, Defendants.

Court of Appeals of Oregon.

Decided December 17, 1997.

Attorney(s) appearing for the Case

Robert L. Ackerman, Springfield, argued the cause and filed the briefs for appellant.

James E. Mountain, Jr., Eugene, argued the cause for respondent. On the brief were Jens Schmidt, Judith Giers and Harrang Long Gary & Rudnick P.C.

Before RIGGS, P.J., and LANDAU and LEESON, JJ.

LEESON, Judge.

Plaintiffs Ross and Moore appeal from a judgment notwithstanding the verdict (judgment n.o.v.) entered in favor of defendant, City of Eugene, after a jury returned verdicts for them on their claims for false arrest. ORCP 63. A judgment n.o.v. is appropriate only when there is no evidence to support the verdict. Whinston v. Kaiser Foundation Hospital, 309 Or. 350, 356 n. 8, 788 P.2d...

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