Robinson v. DeFazio

Plaintiff has petitioned for reconsideration of our decision in Robinson v. DeFazio, 284 Or App 98, 392 P3d 781 (2017), contending that our construction of the phrase “trial of an issue of law or fact” in ORS 20.190 (2)1 is incorrect. We allow plaintiffs petition and, on reconsideration, adhere to our decision as modified by this opinion.

In our original opinion, we concluded that, in the context of ORS 20.190(2), “trial of an issue of law or fact” “refers to the judicial determination of law or fact in an adversarial proceeding, which can include preliminary proceedings short of a final trial…