COSTLEY v. HOLMAN

No. 34637; CA 15066.

608 P.2d 614 (1980)

45 Or.App. 511

Myron G. COSTLEY and Charlotte Costley, Appellants, Cross-Respondents, v. Andrew HOLMAN, Respondent, Cross-Appellant.

Court of Appeals of Oregon.

Decided March 24, 1980.


Attorney(s) appearing for the Case

Charles F. Adams, Portland, argued the cause for appellants-cross-respondents. With him on the briefs were Barnes H. Ellis, and Davies, Biggs, Strayer, Stoel & Boley, Portland.

James C. Tait, Oregon City, argued the cause for respondent-cross-appellant. On the brief were Nancy S. Tauman, and Hibbard, Caldwell, Canning, Bowerman & Schultz, Oregon City.

Before BUTTLER, P.J., and GILLETTE and ROBERTS, JJ.


ROBERTS, Judge.

Plaintiffs, who prevailed in this negligence action for damages to an automobile, appeal from the trial court's denial of their request for attorney fees. Defendant cross-appeals, contending that the trial court erred in denying defendant's motion for a directed verdict on the ground that plaintiffs failed to meet their burden of proving damages. Because the cross-appeal challenges the decision on the merits, we address it first.

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