Whitaker v. Bank of Newport

Plaintiffs brought this action against Thiel Creek Development Company, Gary V. Diers, one of its officers (defendants), and the Bank of Newport (Bank), alleging that Bank had intentionally inflicted emotional distress on them and breached its fiduciary duty and that defendants and Bank had engaged in a conspiracy against plaintiffs. The trial court dismissed the claim against defendants on res judicata grounds and awarded them sanctions under ORCP 17 against plaintiffs and Everhart, their attorney. It then entered judgment for defendants under ORCP 67B. Plaintiffs appeal and challenge both…