Smith v. J.C. Penney Co., Inc.

Supreme Court of Oregon
525 P.2d 1299 (1974)

ELI5:

Rule of Law:

A party waives the right to challenge an allegedly inconsistent or defective verdict on appeal if the party fails to object to the verdict before the jury is discharged.

Facts:

Plaintiff purchased a 'fake fur' coat from a J. C. Penney store.
The coat was manufactured by Roseda, allegedly using fabric supplied by Bunker-Ramo.
Plaintiff was inside the waiting room of The Central Eneo Service Station.
Employees of the service station were using a high-pressure air hose to blow out a vehicle's gasoline line.
This action caused a spray of gasoline to shoot out of the vehicle's tank and into the waiting room.
A floor heater in the waiting room ignited the gasoline on the floor.
The fire on the floor subsequently ignited the plaintiff's coat, causing her severe burns.
There was evidence that burning material from the coat dripped and that the heat it radiated contributed to burns on her lower extremities.

Procedural Posture:

Plaintiff sued The Central Eneo Service Station, J. C. Penney Company, and Bunker-Ramo in an Oregon trial court for damages.
The case was tried before a jury.
The jury returned a verdict for $600,000 in favor of the plaintiff and against defendants The Central Eneo Service Station and Bunker-Ramo.
The same jury returned a verdict in favor of defendants J. C. Penney Company and Roseda (the manufacturer).
Defendant Bunker-Ramo did not object to the verdict at the time it was returned.
Bunker-Ramo later filed a motion for a judgment notwithstanding the verdict or for a new trial, which the trial court denied.
Defendants Bunker-Ramo and The Central Eneo Service Station (appellants) appealed the judgment to the Supreme Court of Oregon.

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Issue:

Does a party's failure to object to an allegedly inconsistent verdict at the time it is returned by the jury constitute a waiver of the right to challenge that verdict on appeal?

Opinions:

Majority - Denecke, J.

Yes. A party's failure to object to a verdict that is allegedly inconsistent or otherwise defective before the jury is discharged waives the right to challenge that verdict on appeal. Bunker-Ramo argued that the jury's verdict was internally inconsistent because it found the fabric supplier (Bunker-Ramo) liable while exonerating the coat's seller (Penney's) and manufacturer (Roseda), which implies the coat was not defective. However, Bunker-Ramo did not raise this objection when the verdict was returned. The court held that the proper time to object to a defective verdict is while the jury is still available, allowing the trial court to potentially resubmit the matter with proper instructions. By failing to make a timely objection, Bunker-Ramo forfeited its right to raise the issue on appeal. The court also found there was sufficient evidence for the jury to conclude Bunker-Ramo supplied the fabric and that the plaintiff's injuries were indivisible, making Bunker-Ramo potentially liable for the entire harm even if other causes contributed.

Analysis:

This decision reinforces the critical importance of the contemporaneous objection rule as it applies to jury verdicts. By holding that a failure to object to an inconsistent verdict at trial constitutes a waiver, the court promotes judicial efficiency and prevents litigants from strategically remaining silent about a correctable error in hopes of getting a 'second bite at the apple' on appeal. The ruling clarifies that this waiver principle is not limited to mere technical errors in damage calculations but extends to substantive inconsistencies in liability findings. This precedent places a clear burden on trial counsel to be vigilant when a verdict is returned and to immediately address any perceived defects with the trial judge.

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