Steele v. a & B Automotive & Towing Service, Inc.

Defendant appeals, and plaintiff cross-appeals, from a judgment awarding plaintiff $2,500 for breach of contract and negligence, and $8,000 in attorney fees pursuant to ORS 20.080. We affirm in part and reverse in part on the appeal, and affirm on the cross-appeal.

In August 1992, at the request of the Portland police, defendant towing company towed plaintiffs truck from the scene of an accident to one of its automobile storage facilities. Plaintiff never attempted to redeem his truck, but did visit the storage facility several weeks after the accident to retrieve his tools, which had been…