Simpson v. State

Defendant State of Oregon appeals from the trial court’s dismissal of its third-party claims for contribution from Marjorie Louise Simpson (Simpson) and Ralph Cobb. The state also appeals the court’s award of attorney fees to Simpson. We affirm in part and reverse in part.

In May, 1984, Simpson obtained a judgment against plaintiff Derril O. Simpson (plaintiff) in a separate action. Cobb, his attorney, filed a motion for judgment n.o.v. or, alternatively, for a new trial. The court denied that motion by an order dated June 15, 1984. That order was processed in the court records, but the…