SCHLIMGEN v. MAY TRUCKING CO.

9803-02267; A107409

37 P.3d 1005 (2001)

178 Or. App. 397

Joseph SCHLIMGEN, Personal Representative for the Estate of Michael F. Schlimgen, Deceased, Respondent, v. MAY TRUCKING COMPANY, an Idaho corporation, Appellant.

Court of Appeals of Oregon.

Decided December 19, 2001.


Attorney(s) appearing for the Case

Gordon T. Carey, Jr., Portland, argued the cause and filed the briefs for appellant.

Michael T. Garone, Portland, argued the cause for respondent. With him on the brief were Karen O'Kasey and Schwabe, Williamson & Wyatt, P.C., Portland.

Before LANDAU, Presiding Judge, and BREWER and SCHUMAN, Judges.


SCHUMAN, J.

After deliberating for nearly two days, after twice announcing to the trial court that it was deadlocked on the issue of apportioning fault, and after receiving two supplemental instructions urging it to continue deliberating, the jury in this negligence case returned a verdict finding defendant 60 percent at fault. Defendant appeals, arguing that the trial court's instructions violated the rule against coercing a deadlocked jury into reaching a verdict...

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