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WILSON v. TRI-COUNTY MET., TRANS.

030100495; A138860.

228 P.3d 1225 (2010)

234 Or. App. 615

Jefferson WILSON, Plaintiff-Appellant Cross-Respondent, v. TRI-COUNTY METROPOLITAN TRANSPORTATION DISTRICT OF OREGON, a municipal corporation, Defendant-Respondent Cross-Appellant.

Court of Appeals of Oregon.

Decided April 14, 2010.

Attorney(s) appearing for the Case

Willard E. Merkel, Portland, argued the cause for appellant — cross-respondent. With him on the briefs was Merkel & Associates.

Kimberly Sewell, Portland, argued the cause and filed the briefs for respondent — cross-appellant.

Before LANDAU, Presiding Judge, and SCHUMAN, Judge, and ORTEGA, Judge.

LANDAU, P.J.

This is a case about attorney fees, specifically, about plaintiff's entitlement to attorney fees after prevailing on an uninsured motorist claim against defendant Tri-Met and, even more specifically, about the extent to which defendant's offer to settle the case affects plaintiff's entitlement to such an attorney fee award. The answer requires an examination of the interplay between ORS 742.061, a statute that applies to recovery of attorney fees in an...

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