What Amount of Evidence is Sufficient to Survive a Motion for Directed Verdict?
The Oregon Court of Appeals addressed this issue in the employment context in Herbert v. Altimeter, Inc., 230 Or App 715, 218 P3d 542 (September 9, 2009). In this case, plaintiff had been employed as a truck driver. After experiencing various physical symptoms during a long delivery trip, plaintiff saw her physician who diagnosed carbon monoxide poisoning. Plaintiff attributed the exposure to an exhaust leak in her truck. Plaintiff brought the issue to her employer’s attention and was terminated within a few days. Plaintiff filed a complaint against her former employer alleging four claims: retaliation for complaining about unsafe working conditions, retaliation for invoking the workers’ compensation system, retaliation for requesting a reasonable accommodation under the disability discrimination statutes, and perceived disability discrimination. The case went to trial and the trial court granted defendant’s motion for directed verdict at the close of plaintiff’s case-in-chief, and dis
