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SCHLIMGEN v. MAY TRUCKING CO.

9803-02267; A107409.

75 P.3d 903 (2003)

189 Or. App. 478

Joseph SCHLIMGEN, Personal Representative for the Estate of Michael F. Schlimgen, deceased, Respondent, v. MAY TRUCKING COMPANY, Appellant.

Court of Appeals of Oregon.

Decided September 10, 2003.

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., Bend.

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

SCHUMAN, J.

This case is before us on remand from the Supreme Court. Schlimgen v. May Trucking Co., 335 Or. 143, 61 P.3d 923 (2003). In our original decision, we held that the trial court erred in denying defendant's motion for a mistrial; that motion should have been granted, we concluded, because the trial court gave the deadlocked jury an improperly coercive verdict-urging instruction.

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