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KILE/COFFEY v. YORK

070100595; A141002 (Control); 070100596; A141003.

228 P.3d 599 (2010)

234 Or. App. 358

Davis KILE, Plaintiff-Respondent, v. Kathleen YORK, Defendant-Appellant. Ryan COFFEY, Plaintiff-Respondent, v. Kathleen York, Defendant-Appellant.

Court of Appeals of Oregon.

Decided March 17, 2010.

Attorney(s) appearing for the Case

R. Daniel Lindahl, Portland, argued the cause for appellant. With him on the brief was Lindahl Law Firm, PC.

No appearance for respondents.

Before SERCOMBE, Presiding Judge, and ROSENBLUM, Judge, and BREITHAUPT, Judge Pro Tempore.

SERCOMBE, P.J.

Defendant appeals after the trial court awarded attorney fees to plaintiffs under ORS 20.080(1) (2007), a statute governing attorney fee awards in tort cases in which the amount pleaded is $5,500 or less.1 The first sentence of that statute entitles a prevailing plaintiff to an award of attorney fees if the plaintiff made a written demand for payment at least 10 days before commencing the action; the second sentence of the...

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