Lutz v. Jawad & Haidar Y. Abulhasan Co.

Appellants petition for reconsideration, ORAP 10.10, arguing that our decision on prejudgment interest was based on an incorrect understanding of the record and represents a departure from prior decisions. 86 Or App 74, 739 P2d 26 (1987). We grant reconsideration to correct our mistake about the record; we adhere to our decision as corrected.

In our decision we said the question of prejudgment interest was raised before trial. Appellants are correct that plaintiff did not raise the issue of prejudgment interest until after trial. Plaintiff first mentioned prejudgment interest in the proposed…