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McFARLANE v. PONY EXP. COURIER CORP.

9902-02149; A109638.

60 P.3d 543 (2002)

184 Or.App. 461

Julie H. McFARLANE, as Guardian Ad Litem for Diana Valdez, a Minor Child, Respondent, v. PONY EXPRESS COURIER CORPORATION, aka Pony Express Delivery Services, Inc., Appellant, and William Colton, Defendant.

Court of Appeals of Oregon.

Decided October 23, 2002.

Attorney(s) appearing for the Case

M. Elizabeth Duncan, Portland, argued the cause for appellant. With her on the briefs were Greene & Markley, P.C., I. Franklin Hunsaker, and Bullivant Houser Bailey, P.C.

Roy Pulvers, Portland, argued the cause for respondent. With him on the brief were Glen McClendon and Lindsay, Hart, Neil & Weigler, LLP.

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

LANDAU, P.J.

Plaintiff is the guardian ad litem for a child who suffered traumatic brain injuries when one of defendant's delivery trucks jumped a curb and struck her.1 Plaintiff initiated this action for negligence. Defendant admitted fault, and the case went to trial on damages only. The jury awarded $5,494,000 in economic damages and over $10,000,000 in noneconomic damages. Defendant appeals, advancing three assignments of error. First...

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