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MENDOZA v. XTREME TRUCK SALES, LLC

A168527.

497 P.3d 755 (2021)

314 Or. App. 87

Adi D. MENDOZA, Plaintiff-Respondent, v. XTREME TRUCK SALES, LLC, Defendant-Appellant, and Hudson Insurance Company, Defendant.

Court of Appeals of Oregon.

August 18, 2021.

Attorney(s) appearing for the Case

David Wallace, Portland, argued the cause and filed the brief for appellant.

John Gear, Salem, argued the cause for respondent. Also on the brief was John Gear Law Office LLC.

Before DeHoog, Presiding Judge, and Aoyagi, Judge, and Landau, Senior Judge.

The issue in this case involves how the offer of judgment provision of ORCP 54 E(3) applies in a case that went to arbitration. Defendant here sent an offer of judgment to plaintiff. Plaintiff rejected the offer, and the claim went to arbitration. The arbitrator issued a decision, awarding plaintiff less than defendant's offer. Defendant...

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