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Lyons v. Walsh & Sons Trucking Co.9/10/2004
l theory of liability that the form of jury verdict reflected. Nor did this case involve other kinds of asserted trial error, such as a faulty jury instruction, that may call for a different analysis of whether the error "substantially affect the rights of a party" under ORS 19.415(2). The jury verdict could have been based on one of two different rationales that the jury verdict form identified; it is impossible to tell which the jury used. Plaintiffs' claims of error may or may not be well taken, but they depend on an assumption that the jury's verdict was based on one rationale only. The present record does not support plaintiffs' assumption, and, because they are asserting error, the consequences of the inadequacy of the record in that respect fall on plaintiffs. Id. at 174. That is, plaintiffs cannot show, on this record, that any of the alleged errors about which they complain "substantially affect " their rights. Plaintiffs thus cannot prevail here.
It follows from the foregoing that we must affirm the decision of the Court of Appeals and the judgment of the trial court. In doing so, however, we express no opinion concerning the merits of the analysis of the issues in the decision of the Court of Appeals.
The decision of the Court of Appeals and the judgment of the circuit court are affirmed.
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