State Ex Rel. Department of Transportation v. Gonzales

I cannot accept the majority’s reading and application of ORCP 68C(4) in respect to the award of attorney fees or its view of the sufficiency of the evidence in respect to the award of the expert witness fee expense. I do not agree, either, that “the challenge on appeal concerns only the reasonableness of the attorney fees and of Rothrock’s witness fees.” (Slip opinion at 3.) That is, of course, the ultimate question; but the important question is one of pleading and proof.

ORCP 68C(4) is a rule about how attorney fees, costs and disbursements can come to be allowed as part of a judgment. That…