Rathgeber v. James Hemenway, Inc.

Defendants appeal from a judgment on a jury verdict for plaintiffs in this action for breach of fiduciary duties and violation of the Unfair Trade Practices Act (UTPA), ORS 646.605 to ORS 646.652. The action arose in connection with a real estate transaction in which defendants represented plaintiffs as buyers’ agents. Defendants contend that the trial court erred in denying motions to strike plaintiffs’ claim for emotional distress damages and for a directed verdict on plaintiffs’ UTPA claim. We review for errors of law, GPL Treatment, Ltd. v. Louisiana-Pacific Corp., 323 Or 116, 118, 914…