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HUNTLEY v. TRIMET

0312-13544; A129233.

149 P.3d 1268 (2006)

210 Or. App. 269

Joan HUNTLEY, Plaintiff, v. TRI-COUNTY METROPOLITAN TRANSPORTATION DISTRICT OF OREGON, Defendant, Tri-County Metropolitan Transportation District of Oregon, Third-Party Plaintiff, v. Marcia Hoffman, Third-Party Defendant. Marcia Hoffman, Appellant, v. Joan Huntley, Respondent.

Court of Appeals of Oregon.

Decided December 27, 2006.

Attorney(s) appearing for the Case

Thomas M. Christ, Portland, argued the cause for appellant. With him on the briefs was Cosgrave Vergeer Kester LLP.

Willard E. Merkel, Portland, argued the cause for respondent. With him on the brief was Merkel & Associates.

Before HASELTON, Presiding Judge, and ARMSTRONG and ROSENBLUM, Judges.

ROSENBLUM, J.

Third-party defendant Marcia Hoffman appeals from a judgment that included an award of attorney fees in favor of plaintiff Joan Huntley. Hoffman contends that the trial court erred in awarding attorney fees because she was not provided with a prelitigation demand under ORS 20.080(1). We agree and reverse the attorney fee award.

The facts are not disputed. Plaintiff was a passenger on a TriMet bus when the bus collided with a vehicle driven by...

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