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VANDERMAY v. CLAYTON

(CC 92-2104; CA A91235; SC S44717)

984 P.2d 272 (1999)

328 Or. 646

Larry J. VANDERMAY and Tamara Vandermay, husband and wife, and Flying Dutchman Enterprises, an Oregon corporation, Respondents on Review, v. Paul D. CLAYTON, Petitioner on Review.

Supreme Court of Oregon, En Banc.

Decided June 11, 1999.

Attorney(s) appearing for the Case

Thomas W. Brown, of Cosgrave, Vergeer & Kester, LLP, Portland, argued the cause for petitioner on review. With him on the briefs was Barbara L. Johnston of Brisbee & Stockton.

Jeanyse R. Snow, of Snow & Snow, Astoria, argued the cause and filed the brief for respondents on review.

LEESON, J.

In this legal malpractice action, the question is whether the trial court erred in granting defendant's motion for a directed verdict on the ground that, without expert testimony, the jury could not have found that defendant had been negligent. The Court of Appeals held that expert testimony was not necessary and reversed the trial court. Vandermay v. Clayton, 147 Or.App. 95, 935 P.2d 1221

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