Vukanovich v. Kine

Summarized by:

  • Court: Oregon Court of Appeals
  • Area(s) of Law: Civil Procedure
  • Date Filed: 01-22-2015
  • Case #: A148776
  • Judge(s)/Court Below: Lagesen, J. for the Court; Duncan, P.J.; & Schuman, S.J.
  • Full Text Opinion

In regards to a Judgment Not Withstanding the Verdict, the Court will look to see if there is any evidence to support the jury’s verdict. If there is, the JNOV will not be sustained.

Plaintiff appeals the trial court’s JNOV award regarding his breach of contract, breach of implied covenant and fair dealing, and intentional interference with economic relations claims. Parties entered into a contract to purchase a plot of land from Umpqua Bank. Defendant ended their partnership in the beginning of 2010 and pursued the property independently, which plaintiff did as well. Defendant ultimately purchased the land for $1.2 million. At trial, a jury found in favor of plaintiff on all claims and awarded him a total judgment of $2,549,000 but the judge granted defendant a JNOV with respect to all claims. On appeal, the Court, finding that there was sufficient evidence only to support the breach of contract claim, reversed as to that claim and reinstated the $686,000 award. Judgment reversed and remanded for entry of judgment reinstating jury’s verdict of $686,000; otherwise affirmed.

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