Heen v. Kaufman

This is an appeal from an order refusing an award of attorney’s fees.

More than ten days prior to the filing of his complaint, plaintiff made a written demand on defendant for $1,500 in satisfaction of a claim for damages resulting from an automobile accident. Defendant refused to pay the amount demanded and plaintiff filed a complaint requesting $2,377 in damages. Subsequently, plaintiff filed an amended complaint seeking only $977. Upon trial, plaintiff was awarded $250 damages. He now appeals from the refusal to additionally award him attorney’s fees pursuant to ORS 20.080 (1).

The statute…