Wheeler v. Huston

Cliff Wheeler (plaintiff) was a milkman who fell while making a delivery to Gerald and Carl Huston (defendants). Subsequently, Wheeler incurred medical expenses and did not work for some time. Wheeler sued the Hustons for damages, praying for an unspecified amount of general damages and $9,120.25 of special damages consisting of $6,000 in lost wages and $3,120.25 in medical expenses. The Hustons denied responsibility, denied that Wheeler was injured, and counterclaimed that Wheeler was at fault. The Hustons further disputed Wheeler’s calculation of $6,000 in lost wages. Following a trial, the jury found that the Hustons were 55 percent at fault and awarded $9,120.25 in total money damages to Wheeler, i.e., the exact amount of claimed special damages. The verdict form did not apportion between general and special damages. The trial court asked the jury whether the jury had intended to award special damages only pertaining to medical care and lost wages. The jury responded affirmatively. Over the Hustons’ objections, the court reinstructed the jury that under Oregon law the jury “could not award special damages without an award of general damages.” The jury returned to deliberations and thereafter returned a verdict awarding total money damages of $20,000 based on the same apportionment of fault. The trial court entered judgment on the $20,000 verdict. The Hustons appealed, and the court of appeal affirmed. The Oregon Supreme Court granted review.