Opinion
40-537; CA A22340
Respondent reconsideration filed December 9, 1982 Burkhardt's reconsideration filed December 12, 1982 Reconsiderations allowed Former opinion filed November 9, 1983 ( 65 Or. App. 409, 671 P.2d 1190) Modified; affirmed, reversed and remanded February 8, 1984 Appellant Koberstein's reconsideration denied March 30, 1984 Respondent Sierra Glass Co's and appellant Koberstein's Petitions for review denied May 1, 1984 ( 297 Or. 83)
Appeal from Circuit Court, Washington County.
Gregory E. Milnes, Judge.
Carrell F. Bradley, Hillsboro, for respondent Sierra Glass Co.'s petition.
Ralph C. Barker, and Leichner, Barker Harms, P.C., Portland, for respondent Burkhardt's petition.
Before Buttler, Presiding Judge, and Warren and Rossman, Judges.
WARREN, J.
Former opinion modified; affirmed as to defendant Burkhardt; reversed and remanded as to defendant Sierra Glass.
Both defendants petition for reconsideration of our decision. 65 Or. App. 409, 671 P.2d 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.