TAYLOR v. WILLAMETTE TRACTOR PARTS AND EQUIP. CO., 68 Or. App. 452 (1984)

681 P.2d 804

TAYLOR, Appellant, v. WILLAMETTE TRACTOR PARTS AND EQUIPMENT COMPANY, Defendant.

27215; CA A29219Oregon Court of Appeals.Argued and submitted April 20, 1984 Reversed May 30, 1984 Reconsideration denied July 13, 1984
Petition for review denied August 8, 1984

Appeal from Circuit Court, Columbia County.

Thomas E. Edison, Judge.

Robert P. Van Natta, St. Helens, argued the cause for appellant. With him on the brief was Van Natta Petersen, St. Helens.

Lee M. Zittenfield, Portland, argued the cause and filed the brief for respondent.

Before Buttler, Presiding Judge, and Warren and Rossman, Judges.

PER CURIAM

Reversed.

Page 453

PER CURIAM

Plaintiff assigns as sole error the allowance by the trial court of defendant’s motion for judgment notwithstanding the verdict. Our task is to review the record to ascertain whether, viewing the evidence in the light most favorable to plaintiff, there is any evidence to support the jury verdict; if so, it must be reinstated. Jacobs v. Tidewater Barge Lines, 277 Or. 809, 811, 562 P.2d 545 (1977); Caldwell v. Pop’s Homes, Inc., 54 Or. App. 104, 106, 634 P.2d 471 (1981).

On the basis of our review, we conclude that there is evidence to support the verdict and that the trial court should not have granted defendant’s motion.

Reversed.

Page 454