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RYERSE v. HADDOCK

CV98-04-401 and CCV 98-02-480; A107447.

60 P.3d 1107 (2003)

185 Or.App. 679

Randall L. RYERSE and Diane K. Ryerse, Plaintiffs, v. George A. HADDOCK and Robert Keech Associates, Inc., an Oregon corporation, Defendants. George A. Haddock and Catharine M. Luchini-Haddock, aka Catharine Haddock, Respondents, v. Randal Lorin Ryerse, Appellant.

Court of Appeals of Oregon.

Decided January 8, 2003.

Attorney(s) appearing for the Case

Lisa E. Lear, Portland, argued the cause for appellant. With her on the briefs were Peter J. Viteznik and Bullivant Houser Bailey PC.

Dean Heiling, Portland, argued the cause for respondents. With him on the briefs was Dean Heiling & Associates.

Before EDMONDS, Presiding Judge, and KISTLER and SCHUMAN, Judges.

SCHUMAN, J.

After the jury in this personal injury case returned a verdict in favor of Ryerse,1 the Haddocks moved for a new trial, arguing that the court erred in two respects: first, by permitting the jury to retire with an exhibit containing enlarged excerpts of deposition testimony, and second, by giving the jury the so-called "emergency" instruction. Before the time that the motion would have been deemed denied by operation of law...

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