Schwartzkopf v. Shannon the Cannon's Window & Other Works, Inc.

Plaintiff appeals the trial court’s denial of attorney fees after he recovered an arbitration award of $3,000, based on personal injury and property damages sustained in a motor vehicle accident. The trial comí based its denial of attorney fees on the ground that plaintiff had failed to send a demand letter pursuant to ORS 20.080 to defendant, but instead sent the letter to defendant’s insurer. Plaintiff appeals. We review for errors of law and affirm.

On August 23, 1997, plaintiff sustained personal injury and property damage in an accident with defendant. Several months later, plaintiff…