Powers v. Quigley

Plaintiff appeals from a judgment awarding plaintiff attorney fees in the amount of $1,267.67, and awarding defendant costs of $414.00, on judicial review of an arbitration award. Plaintiff asserts that the trial court erred (1) in applying ORCP 54 E to limit plaintiffs recovery of attorney fees under ORS 20.080, and (2) in considering defendant’s untimely exception to the arbitrator’s denial of his costs. We vacate the trial court’s award of costs to defendant and otherwise affirm.

The material facts are undisputed. Plaintiff s vehicle was damaged when defendant rear-ended it in an automobile…