Bennett v. Minson

This is a civil action for property damages. The issue is whether defendant Minson is entitled to attorney fees under ORS 20.080 as the prevailing party on a counterclaim. The circuit court denied his motion for attorney fees, and the Court of Appeals affirmed. Bennett v. Minson, 96 Or App 689, 773 P2d 813 (1989). We reverse.

Plaintiff Bennett’s truck collided with a truck owned by defendant. Each party initiated a separate district court action for damages against the other. Plaintiff then transferred his action to the circuit court. Defendant counterclaimed in that court, pleading damages of…