Opinion · Court of Appeals of Oregon

Koberstein v. Sierra Glass Co.

Koberstein v. Sierra Glass Co., 66 Or. App. 883 (Or. Ct. App. 1984)

Type
Opinion
Court
Court of Appeals of Oregon
Jurisdiction
Oregon
Date
1984-02-08
Topic
general

How later courts describe this case

  • stating that “a plaintiff may plead and prove all of his [economic] damages, even if he has received PIP benefits”

Citator

UpLaw has not yet analyzed Koberstein v. Sierra Glass Co.. The absence of a flag is not a finding that it is good law.

Cited by
2 opinions
WARREN, J.

Both defendants petition for reconsideration of our decision. 65 Or App 409, 671 P2d 1190 (1983). We deny defendant Sierra Glass Co.’s petition and allow defendant Burkhardt’s.

We reversed the trial court as to both defendants because of the trial court’s erroneous ruling concerning the damage aspects of the case. Because the jury concluded that defendant Burkhardt was not negligent, a new trial is not proper as to him. We modify our former opinion accordingly.

Former opinion modified; affirmed as to defendant Burkhardt; reversed and remanded as to defendant Sierra Glass.