Samuel v. Frohnmayer

*562GRABER, J.

Plaintiff brought this declaratory judgment action to obtain indemnification for the expenses of defending a civil action. We previously held that plaintiff here had been sued in his capacity as a state agent and that the state was, therefore, required to indemnify him. Samuel v. Frohnmayer, 82 Or App 375, 84 Or App 80, 728 P2d 97 (1986), rev den 303 Or 261 (1987). On remand, plaintiff petitioned for further relief under ORS 28.080 to recover the expenses incurred in bringing the action for indemnification. He describes those expenses as additional damages. They are, in essence, his…