WOODS v. CARL KARCHER ENTERPRISES, INC.

(CC No. 0209-09609; CA A123470; SC S53160).

146 P.3d 319 (2006)

341 Or. 549

Carol Lee WOODS, Petitioner on Review, v. CARL KARCHER ENTERPRISES, INC., a California corporation, d/b/a Carl's Jr. Restaurant, Respondent on Review.

Supreme Court of Oregon.

Decided October 26, 2006.


Attorney(s) appearing for the Case

William A. Drew, of Elliott, Ostrander & Preston, P.C., Portland, argued the cause and filed the brief for petitioner on review. With him on the brief was John S. Marandas, of Marandas & Perdue, Portland.

George S. Pitcher, of Williams, Kastner & Gibbs, PLLC, Portland, argued the cause and filed the brief for respondent on review. With him on the brief were Eric J. Neiman and David C. Campbell.

James E. Mountain, Jr., of Harrang Long Gary Rudnick P.C., Portland, filed the brief for amicus curiae Oregon Association of Defense Counsel. With him on the brief was Jona J. Maukonen.

Before DE MUNIZ, Chief Justice, and CARSON, GILLETTE, DURHAM, BALMER, and KISTLER, Justices.


BALMER, J.

Plaintiff was injured in a slip-and-fall accident in defendant's restaurant. More than 10 days before filing an action seeking damages for her injuries, her lawyer sent a demand letter to defendant at the restaurant's address stating that her damages were approximately $5,000 and noting that, if she were required to file an action to recover those damages, she would be entitled to recover her reasonable attorney...

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