[DOWNLOAD] "Davis v. Obrien" by South Carolina Supreme Court # eBook PDF Kindle ePub Free

eBook details

Title: Davis v. Obrien
Author : South Carolina Supreme Court
Release Date : January 06, 1995
Genre: Law,Books,Professional & Technical,
Pages : * pages
Size : 65 KB

Description

At issue in this case is whether the trial court erred in the manner in which it entered judgment on the jurys verdict for plaintiff. The special verdict assigned 96.5 percent of the fault for plaintiffs injuries to a non-party and 3.5 percent to defendants OBrien (hereinafter "OBrien"). The trial court reduced plaintiffs damages recoverable from OBrien to 3.5 percent of plaintiffs total damages, in the light of the jurys allocation of proportionate fault, and entered judgment accordingly. On appeal, the Court of Appeals affirmed, holding that "plaintiff has failed to preserve or assign as error the predicates for the jurys determination of proportionate fault under ORS 18.480." Davis v. OBrien, 128 Or.App. 428, 431, 875 P.2d 1193 (1994). For the reasons that follow, we reverse.