Walters v. Hobbs

Full title: KENNY WALTERS, Plaintiff, and SHERRI WALTERS and CHEYENNE L. WALTERS, by…

Court: Oregon Court of Appeals

Date published: Oct 31, 2001

33 P.3d 1067 (Or. Ct. App. 2001)

33 P.3d 1067

Opinion

9500602CV; A102298

On respondents' petition for reconsideration filed September 4, 2001. Opinion filed August 22, 2001. 176 Or. App. 194, 30 P.3d 1214.

Filed: October 31, 2001

Appeal from Circuit Court, Klamath County. Cameron F. Wogan, Judge.

Rebecca Whitney-Smith and Ratliff Whitney-Smith for petition.

Before HASELTON, Presiding Judge, and DEITS, Chief Judge,^_ and WOLLHEIM, Judge.

_ Deits, C.J., vice Ceniceros, S.J.

HASELTON, P.J.

Reconsideration allowed; opinion adhered to as modified.

HASELTON, P.J.

Plaintiffs petition for reconsideration of our opinion in Walters v. Hobbs, 176 Or. App. 194, 30 P.3d 1214 (2001), in which we affirmed, without discussion, an award of damages to plaintiff Cheyenne Walters, and reversed an award to plaintiff Sherri Walters. Plaintiffs point out that we erroneously state in our opinion that the jury awarded Cheyenne Walters $57,741 in economic damages when, in fact, the jury awarded Cheyenne Walters $577,741 in economic damages. We agree and correct our misstatement.

The amount of economic damages awarded to Cheyenne Walters makes no difference in our analysis in the case. However, because we affirmed the award of damages to Cheyenne Walters without discussion, we correct the error in order to make clear to the trial court what portions of its judgment we have affirmed.

Reconsideration allowed; opinion adhered to as modified.