BEALL TRANSPORT EQUIPMENT COMPANY, an Oregon corporation, Respondent on Review,
v.
SOUTHERN PACIFIC TRANSPORTATION COMPANY, a Delaware corporation; Union Pacific Railroad Company, a Utah corporation; City of Portland; State of Oregon, by and through the Department of Motor Vehicles; John Hren; John R. Greisen; Thomas Morrison; W. Raymond Horn; Stuart Abrams; Wayne C. Klepper; and Stuart Abrams, dba Abrams Metals, Inc., Defendants, and
Abrams, Inc., dba Abrams Scrap Metals, Inc., Petitioner on Review.
Southern Pacific Transportation Company, a Delaware corporation; and Union Pacific Railroad Company, a Utah corporation, Respondents on Review,
v.
Wayne C. Klepper, Third-Party Defendant, and
Stuart Abrams, Petitioner on Review.
Supreme Court of Oregon.https://leagle.com/images/logo.png
Argued and Submitted January 10, 2002.
Decided December 27, 2002.
Attorney(s) appearing for the Case
Michael H. Bloom, Portland, argued the cause and filed the briefs for petitioners on review. With him on the petition was Thomas M. Christ.
Patrick L. Block, of Buono Block P.C., Portland, argued the cause and filed the briefs for respondent on review Beall Transport Equipment Company. With him on the briefs was Steven G. Marks.
Jeffrey M. Kilmer, of Kilmer, Voorhies & Laurick, P.C., Portland, argued the cause and filed the briefs for respondents on review Southern Pacific Transportation Company and Union Pacific Railroad Company. With him on the briefs was Gregory B. Snook.
Before CARSON, Chief Justice, and GILLETTE, DURHAM, LEESON, RIGGS, and BALMER, Justices.
Supreme Court of Oregon.
LEESON, J.
Abrams's1 petition for review presents two issues. The first is whether the Court of Appeals erred in applying the "abuse of discretion" standard of review in reviewing the trial court's denial of Abrams's motion for a mistrial following an off-the-record, ex parte communication between an opposing lawyer and a juror. The second is whether Abrams preserved the error it assigned on appeal, namely, the trial court's failure...
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