Stumpf v. Eidemiller

In this garnishment action, Continental Casualty Company (Continental), the garnishee, appeals from a judgment awarding plaintiff $300,000.

Plaintiff had a judgment for $3 million on a medical malpractice claim. Continental controlled that litigation and appealed the judgment for its insured. We affirmed without opinion. 76 Or App 403, 708 P2d 1211 (1985), rev den 300 Or 562 (1986). Plaintiff then moved in this court for a 10% penalty for filing an appeal without probable cause. ORS 19.160. We allowed the motion and directed the trial court to enter a $300,000 penalty as part of the judgment.…