Johnson v. Swaim

Plaintiff prevailed in this small claims tort action for personal injuries and property damage sustained in a motor vehicle accident caused by defendant. Plaintiff then sought attorney fees. The issues before us are whether plaintiff complied with the requirements of the relevant attorney fee statute, ORS 20.080(1), and, if not, whether defendant waived compliance with those requirements. The trial court resolved those issues in plaintiffs favor and awarded him attorney fees. Defendant appealed, and the Court of Appeals reversed. Johnson v. Swaim, 209 Or App 341, 147 P3d 374 (2006). We…