Castro v. Earl Scheib of Oregon, Inc.

The sole issue presented on appeal is whether there was error in the trial court’s denial of plaintiffs claim for attorney fees. We hold that there was error and accordingly reverse.

This case arises out of a bailment. Plaintiff took his car to defendant to have it painted. Defendant, an Oregon corporation, owns several paint shops. While in defendant’s possession, the car was stolen. Plaintiff filed suit and on the morning of trial amended the prayer of his complaint by interlineation to include a claim for reasonable attorney fees. Plaintiff eventually secured a jury verdict of $2,000, but…