Payless Drug Stores Northwest, Inc. v. Brown

This case is before us on remand from the Supreme Court. Payless Drug Stores v. Brown, 300 Or 243, 708 P2d 1143 (1985). Defendants appealed a judgment against them for $117.74, plus costs. Plaintiffs security guard arrested Bobby Brown, defendants’ 15-year old unemancipated daughter, outside plaintiff’s Pendleton store for “shoplifting.” ORS 164.045. Plaintiff recovered the merchandise. It did not seek “actual damages,” but demanded that defendants pay a statutory penalty of $17.74, the retail value of the merchandise, plus a minimum statutory “additional penalty” of $100.

ORS 30.875(2)…