SMALLWOOD v. FISK

92-CV-0055-ST; CA A84226.

934 P.2d 557 (1997)

146 Or. App. 695

Steven H. SMALLWOOD, Respondent, v. Lanny H. FISK, Carol M. Fisk, Norwestco, Inc., Appellants, and F & F GeoResource Associates, Inc., Defendant.

Court of Appeals of Oregon.

Decided March 5, 1997.


Attorney(s) appearing for the Case

Kelly E. Ford, Beaverton, argued the cause and filed the briefs for appellants.

Linda Reed Haase, Bend, argued the cause and filed the briefs for respondent.

Before RIGGS, P.J., and LANDAU and LEESON, JJ.


LANDAU, Judge.

At issue in this case is whether punitive damages constitutionally may be awarded against a defendant on a verdict of common-law fraud. Defendants contend that such awards are prohibited, because they effectively punish constitutionally protected speech. Plaintiff contends that the speech protections of the Oregon Constitution constitute no impediment to such an award. The trial court agreed with plaintiff and included in its judgment against defendants...

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