Diaz v. Coyle

In this negligence action, plaintiff alleged that defendant’s dog killed his livestock.1 Defendant admitted liability, and a trial was held to establish plaintiffs damages. The jury awarded $6,950, but the trial court entered judgment for $13,900 pursuant to ORS 609.140(1), or double the amount found by the jury. Defendant objects to the amount of the judgment on the ground that the double damage provision in ORS 609.140(1) is a penalty provision subject to a three-year statute of limitations under ORS 12.100(2).2 Because plaintiffs action was filed more than three years after his livestock…