Rodriguez v. the Holland, Inc.

In this negligence action for personal injuries that plaintiff sustained at defendant’s playground, the issue is whether plaintiff, who prevailed on her claim, is entitled to an award of attorney fees. The trial court vacated the arbitrator’s award of fees, and the Court of Appeals affirmed. Rodriguez v. The Holland, Inc., 153 Or App 701, 957 P2d 203 (1998). We conclude that plaintiff is entitled to attorney fees and reverse.

The facts are undisputed. Plaintiff, a young child, broke her arm when she fell from a piece of play equipment at a playground owned and operated by defendant. Defendant…