Harris v. Wright

Plaintiff brought this action under ORS 105.810, alleging that defendant intentionally trespassed on his property and wilfully damaged trees and shrubs. The jury returned a verdict for plaintiff and assessed general and punitive damages. The trial court struck the award of punitive damages on the ground that the treble damages provided for by ORS 105.8101 are an exclusive punitive remedy and preclude the recovery of punitive damages in actions subject to the statute.2 The court then tripled the jury’s general damage award and entered judgment accordingly. Plaintiff appeals. His principal…