Fresk v. Kraemer

In this negligence action, the sole issue before us is plaintiffs entitlement to attorney fees under ORS 20.080(1). That statute provides, in part, that “no attorney fees shall be allowed to the plaintiff if the court finds that the defendant tendered to the plaintiff, prior to the commencement of the action * * * an amount not less than the damages awarded to the plaintiff.” ORS 20.080(1) (emphasis added). The question presented in this case is whether defendant “tendered” a money payment that precluded an award of attorney fees to plaintiff under ORS 20.080(1) when defendant made a…