Tom RATHGEBER and Karen Rathgeber, Petitioners on Review,
v.
James HEMENWAY, INC., dba Hemenway Realtors/Better Homes & Gardens; and William Zobel, Respondents on Review, and
Oregon Exterminating Company, Inc., aka Oregon Exterminators; and Charles C. Odedo, Defendants.
Supreme Court of Oregon.https://leagle.com/images/logo.png
Argued and Submitted January 6, 2003.
Decided May 22, 2003.
Attorney(s) appearing for the Case
Frank C. Gibson, Eugene, argued the cause and filed the briefs for petitioners on review. With him on the briefs was C. Edward Gerdes, Jr.
Janet M. Schroer, of Hoffman, Hart & Wagner, LLP, Portland, argued the cause for respondents on review. With her on the brief was Marjorie A. Speirs.
Phil Goldsmith, of Law Office of Phil Goldsmith, Portland, filed a brief on behalf of amici curiae Oregon Consumer League and Oregon Trial Lawyers Association. With him on the brief was Charles Robinowitz.
Andrea L. Bushnell, Salem, filed a brief on behalf of amicus curiae Oregon Association of Realtors. With her on the brief was Matt Farmer.
Robert M. Atkinson, Assistant Attorney General, Salem, filed a brief on behalf of amicus curiae State of Oregon. With him on the brief were Hardy Myers, Attorney General, Mary H. Williams, Solicitor General, and Cheryl A. Pellegrini, Attorney-in-Charge, Financial Fraud/Consumer Protection Section.
Before CARSON, Chief Justice, and GILLETTE, DURHAM, RIGGS, De MUNIZ, and BALMER, Justices.
Supreme Court of Oregon.
BALMER, J.
Plaintiffs brought this action against James Hemenway, Inc., and William Zobel (defendants)1 for breach of fiduciary duty and violation of the Unlawful Trade Practices Act (UTPA), ORS 646.005 to 646.652, following plaintiffs' employment of Zobel, a real estate associate of James Hemenway, Inc., as their buyer's agent in the purchase of a home. A jury returned a verdict for plaintiffs on both claims and awarded economic damages...
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