Wyatt v. Sweitz

Plaintiff appeals, assigning error to the trial court’s allowance of partial judgment on the pleadings, ORCP 21 B, against his claim for “casual or involuntary” timber trespass, ORS 105.815. Defendant cross-appeals, assigning error to the trial court’s allowance of attorney fees, pursuant to ORS 20.080, after plaintiff prevailed on a separate claim for intentional trespass to land. We conclude that plaintiffs pleadings pertaining to damage caused by defendant’s pickup sufficiently alleged “casual or involuntary” timber trespass; consequently, we reverse and remand on the appeal. We further…