JOHNSON v. SWAIM

(CC 0309-10527; CA A127483; SC S54603).

172 P.3d 645 (2007)

343 Or. 423

Jesse H. JOHNSON, Jr., Petitioner on Review, v. Gregory Alan SWAIM, Respondent on Review.

Supreme Court of Oregon, En Banc.

Decided November 23, 2007.


Attorney(s) appearing for the Case

John T. Bridges, Brown, Tarlow, Bridges & Palmer, P.C., Newberg, argued the cause and filed the briefs for petitioner on review.

Thomas M. Christ, Cosgrave Vergeer Kester LLP, Portland, argued the cause and filed the brief for respondent on review.


LINDER, J.

Plaintiff prevailed in this small claims tort action for personal injuries and property damage sustained in a motor vehicle accident caused by defendant. Plaintiff then sought attorney fees. The issues before us are whether plaintiff complied with the requirements of the relevant attorney fee statute, ORS 20.080(1), and, if not, whether defendant waived compliance with those requirements. The trial court resolved those issues in plaintiff's favor and awarded...

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