Bell v. Morales

Defendant appeals from a judgment that awarded plaintiff attorney fees under ORS 20.080(1) on review of an arbitrator’s decision that had awarded plaintiff a lesser amount of attorney fees. The trial court ruled that ORCP 54 E did not cut off recovery of attorney fees incurred by plaintiff after defendant made an offer of judgment under ORCP 54 E, even though plaintiff failed to obtain a more favorable judgment in arbitration. We reverse the judgment as to attorney fees, and remand with instructions to reinstate the arbitrator’s attorney fee award.

The material facts are undisputed. Plaintiffs…