KENNEDY v. WHEELER

(CC CV080512; CA A149019; SC S061836).

341 P.3d 728 (2014)

356 Or. 518

Amber KENNEDY, Petitioner on Review, v. Kelsey C. WHEELER, Respondent on Review, and Katie Hall, Defendant.

Supreme Court of Oregon, En Banc.

Decided December 11, 2014.


Attorney(s) appearing for the Case

Mark McDougal , Kafoury & McDougal, Portland, argued the cause and filed briefs for the petitioner on review.

Michael T. Stone , Brisbee & Stockton, LLC, Hillsboro, argued the cause and filed the briefs for respondent on review.

Kathryn H. Clarke , Portland, filed a brief for amicus curiae Oregon Trial Lawyers Association.


Oregon law requires that "[i]n civil cases three-fourths of the jury may render a verdict." Article VII (Amended), section 5(7), of the Oregon Constitution; ORCP 59 G(2). In this negligence case, defendant admitted liability, and a jury of twelve was asked to decide the issues of causation and damages. The jury completed a special verdict...

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