Nature of the Case
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Facts
Honda (P) sold an all-terrain vehicle to Oberg (D) who sustained severe and permanent injuries while using the three-wheeled vehicle. The jury awarded D $919,390.39 in compensatory damages and $5,000,000 in punitive damages. The compensatory damages were reduced 20% for contributory negligence, and P appealed the punitive damages award because it was excessive and Oregon courts lacked the power to correct excessive verdicts. The Oregon Constitution prohibits juridical review of the amount of punitive damages unless the court can affirmatively say there is no evidence to support the verdict. P appealed claiming that the state constitutional provision violated Due Process under the Fourteenth Amendment.
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