Gottenberg v. Westinghouse Electric Corp.

Plaintiff appeals an order awarding extraordinary costs and attorney fees to defendant Broan (defendant). Defendant cross-appeals the award of costs and attorney fees to plaintiff, pursuant to ORCP 45 and ORCP 46. We reverse on the appeal and reverse in part on the cross-appeal.

Plaintiff brought this action for damages following a residential fire that occurred on August 20, 1991. Plaintiff alleged that an exhaust fan, manufactured by defendant, caused the fire due to a defect in the fan. None of plaintiffs experts identified a specific defect, and plaintiff proceeded on an “indeterminate…