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FORSI v. HILDAHL

0110-11089; A120138.

96 P.3d 852 (2004)

194 Or.App. 648

Erica FORSI, Respondent, v. Erin HILDAHL, Appellant.

Court of Appeals of Oregon.

Decided August 25, 2004.

Attorney(s) appearing for the Case

Julie D. Elkins, Portland, argued the cause for appellant. With her on the brief was Cavanagh & Zipse.

Willard E. Merkel, Portland, argued the cause for respondent. With him on the brief was Merkel & Associates.

Before LANDAU, Presiding Judge, and ARMSTRONG, Judge, and KANTOR, Judge pro tempore.

LANDAU, P.J.

At issue in this personal injury case is whether the trial court erred in permitting plaintiff to amend her complaint on the day of trial to reduce her prayer for damages from over $27,000 to $5,500. The effect of the amendment was to enable plaintiff later to claim entitlement to attorney fees pursuant to ORS 20.080,1 which permits an award of attorney fees in certain cases in which the amount pleaded is $5,500 or less. We...

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