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FRESK v. KRAEMER

(CC 0001-00693; CA A115184; SC S50443).

99 P.3d 282 (2004)

337 Or. 513

Miriam FRESK, Petitioner on Review, v. Nathan KRAEMER, Respondent on Review.

Supreme Court of Oregon, En Banc.

Decided October 21, 2004.

Attorney(s) appearing for the Case

Michael H. Bloom, of Bloom & Schuckman, P.C., Portland, argued the cause and filed the briefs for petitioner on review.

Michael A. Lehner, of Lehner & Rodrigues, P.C., Portland, argued the cause and filed the briefs for respondent on review.

CARSON, C.J.

In this negligence action, the sole issue before us is plaintiff's entitlement to attorney fees under ORS 20.080(1). That statute provides, in part, that "no attorney fees shall be allowed to the plaintiff if the court finds that the defendant tendered to the plaintiff, prior to the commencement of the action * * * an amount not less than the damages awarded to the plaintiff." ORS 20.080(1) (emphasis added). The question presented in this case...

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