Johnson v. Swaim

Defendant appeals the trial court’s award of attorney fees, ORS 20.080, after a jury returned a verdict in favor of plaintiff for personal injuries and property damage sustained in a motor vehicle accident. We review the award for errors of law, and reverse. Schwartzkopf v. Shannon the Cannon’s Window, 166 Or App 466, 468, 998 P2d 244 (2000).

On October 4, 2001, plaintiffs vehicle was rear-ended by defendant’s pick-up truck, injuring plaintiff and totaling his vehicle. Nine months later, on July 11, 2002, plaintiff sent a letter to an adjuster for defendant’s insurer, asserting a claim for…