Saum v. Bonar

McALLISTER, J.,

dissenting.

The result of the decision in this case is, I think, a new rule to this effect: When an injury is admitted or obvious, the rule of Flansberg v. Paulson, 239 Or 610, 399 P2d 356 (1965) applies; but if the defendant denies that plaintiff was injured, and the evidence presents a jury question on that issue, the jury will be at liberty to compromise in violation of the court’s instructions by bringing in a verdict of nominal or no general damages together with all or part of the special damages. This new rule will further confuse a problem which is already almost insoluble. We should ad-

*544here to the rule in Flansberg v. Paulson, supra, and the earlier cases there cited.

I dissent.