Special questions to trier of fact
- jury not to be informed of settlement
Source:
Section 31.605 — Special questions to trier of fact; jury not to be informed of settlement, https://www.oregonlegislature.gov/bills_laws/ors/ors031.html.
Notes of Decisions
For causes of action accruing prior to effective date of 1995 amendments, only comparative fault of parties appearing in action may be considered. Brown v. Washington County, 163 Or App 362, 987 P2d 1254 (1999), Sup Ct review denied
Intentional misconduct is not “fault” subject to apportionment between defendants or between plaintiff and defendant. Shin v. Sunriver Preparatory School, Inc., 199 Or App 352, 111 P3d 762 (2005), Sup Ct review denied
When read with ORS 31.600 and 31.610, this section sets forth comprehensive system for allocating fault between parties and distributing liability for damages severally in accordance with that allocation. Comparative fault system eliminates need for common-law indemnity claim. Eclectic Investment, LLC v. Patterson, 357 Or 25, 346 P3d 468 (2015)
Where two defendants are at fault, and jury has assessed fault of each defendant separately, trial court may not then combine defendants’ allocated fault in judgment because this section allows court to combine defendants to be treated as single person only before jury allocates fault in special verdict. Wingett v. Silbernagel, 279 Or App 245, 379 P3d 570 (2016), Sup Ct review denied
Law Review Citations
69 OLR 147 (1990)
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