SCHLIMGEN v. MAY TRUCKING COMPANY

(CC 9803-02267, CA A107409, SC S49194).

61 P.3d 923 (2003)

335 Or. 143

Joseph SCHLIMGEN, Personal Representative for the Estate of Michael F. Schlimgen, deceased, Petitioner on Review, v. MAY TRUCKING COMPANY, an Idaho corporation, Respondent on Review.

Supreme Court of Oregon, En Banc.

Decided January 24, 2003.


Attorney(s) appearing for the Case

Michael T. Garone, Schwabe, Williamson & Wyatt, P.C., Portland, argued the cause and filed the briefs for petitioner on review. With him on the petition was Karen O'Kasey, Portland.

Gordon T. Carey, Jr., Portland, argued the cause and filed the briefs for respondent on review.


LEESON, J.

In this wrongful death action, defendant contends that the trial court erred by giving a verdict-urging instruction after the presiding juror had informed the court that the jury was deadlocked. The Court of Appeals reversed on the ground that the instruction was coercive. Schlimgen v. May Trucking Co., 178 Or.App. 397, 410, 37 P.3d 1005 (2001). For the reasons that follow, we...

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