|CALENDAR STATUS: Active|
|Martha L. Wright v. John A. Turner|
|Supreme Court Case 2|
|Rick J. Glantz, on behalf of Martha L. |
Thomas M. Christ and Julie A. Smith, on behalf of Mutual Enumclaw Insurance Company
Statement of Issues:
|Martha L. Wright v. John A. Turner (S060960) (A144126) (appeal from Multnomah County Circuit Court; opinion reported at 253 Or App 18, 289 P3d 309 (2012)).|
Plaintiff Martha L. Wright has been granted review of a Court of Appeals decision that reversed and remanded a judgment in excess of $800, 000 in plaintiff's favor, with instructions to the trial court to apply a $500, 000 limit of liability to the judgment.
On review, the issues are:
(1) Has a defendant preserved for appeal the issue of whether a plaintiff had presented sufficient evidence at trial when the defendant did not move for directed verdict or otherwise challenge the sufficiency of a plaintiff's evidence at trial?
(2) For purposes of underinsured motorist coverage under an insurance policy that does not define the term "accident, " is a motor vehicle collision by one negligent driver, followed by another collision some minutes later by a different negligent driver, one accident or two accidents?
(3) Did the Court of Appeals err, after determining that the term "accident" was ambiguous, in not construing the insurance contract against the drafter, pursuant to Holloway v. Republic Indemnity Co. of America, 341 Or 642, 147 P3d 329 (2006)?
The foregoing summary of a Supreme Court case that is scheduled for oral argument has been prepared for the benefit of the public. Parties and practitioners should rely on neither the factual summary set out above, nor the statement of issues to be decided, as delineating the questions that the Supreme Court ultimately may consider on review. See generally Oregon Rule of Appellate Procedure 9.20.
Justice(s) NOT Participating: