Purdy v. Deere & CompanyAnnotate this Case
In this product liability action, plaintiff appealed a judgment for defendants after a jury trial. The Court of Appeals affirmed without considering the merits of nine of plaintiff's ten assignments of instructional and evidentiary error. Plaintiff contended on appeal that, in so holding, the Court of Appeals misconstrued the standard for reversal in ORS 19.415(2) as it applied to claims of instructional and evidentiary error like those that the court declined to consider. Upon review, the Supreme Court found that the appellate court erred in its reasoning for not considering all of plaintiff's arguments. Accordingly, the Court reversed and remanded this case to the Court of Appeals to address plaintiff's assignments of error.