Russell v. Nikon, Inc.

Plaintiff petitions for reconsideration of our opinion in Russell v. Nikon, 207 Or App 266, 140 P3d 1179 (2006), in which we dismissed plaintiffs appeal on the ground that the record was not sufficiently developed to allow us to review his lone assignment of error. We allow the petition for reconsideration, clarify our decision, and adhere to it as clarified.

Plaintiff appealed from a judgment entered following court-annexed arbitration in which the arbitrator ruled in defendant’s favor on the merits and awarded defendant costs and attorney fees. Plaintiff filed exceptions in the trial court,…