Wright v. Jones

Defendant appeals a post-trial order awarding plaintiff an enhanced prevailing party fee pursuant to ORS 20.190(3). We review the trial court’s imposition of fees for abuse of discretion and affirm.

Plaintiff was injured in May 1995 when defendant rear-ended her car. Plaintiffs complaint, alleging damages sustained in the accident, was referred to court-mandated arbitration. There, defendant conceded liability, leaving the extent of plaintiffs noneconomic damage as the only issue to be resolved.

The arbitrator awarded plaintiff $6,000 noneconomic damages. Defendant appealed, requesting a trial…