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Beers v. Jeson Enterprises3/1/2000
"On February 23, 1995, plaintiff Helen Beers was detained by the agents and employees of defendant Craft Warehouse based on the stated grounds they believed plaintiff had committed theft. Despite a reasonable explanation by plaintiff, she was detained and was eventually forced to appear and endure a criminal trial where she was found not guilty. On September 6, 1996, plaintiff by letter to Jeson Enterprises, Inc., dba Craft Warehouse, requested compensation of $4000.00 for plaintiff being falsely arrested and imprisoned. * * * On September 19, 1996, the identical letter was sent to the store manager where the incident took place. * * * These letters constituted a written demand of $4000.00 pursuant to ORS 20.080."
The single fact that caused defendant to detain plaintiff and to participate in the state's prosecution of her for theft was the setting off of defendant's security alarm system by an item in plaintiff's purse. Plaintiff's claim for damages for malicious prosecution was factually based and directly connected with her claim for damages for false imprisonment, both of which resulted from the security alarm incident. They were, for purposes of claim preclusion, i.e., claim splitting, a connected series of transactions. Because plaintiff sought and recovered more in aggregate in the two lawsuits than the $4,000 limit for awarding attorney fees under ORS 20.080, she may not recover attorney fees too.
As the majority states, the demand letter "was a single, pre-suit demand seeking $4,000 for a single claim." ___ Or App at ___ (slip op at 4). As stated in her demand letter, the claim was for being "detained, and subsequently falsely arrested and imprisoned, * * * questioned, intimidated, humiliated and imprisoned" from which "she suffered humiliation, embarassment, was required to obtain counsel to defend herself and was required to appear in court and endure a trial. As a result of all of the above demand is hereby made * * * for compensation in the sum of $4000." (Emphasis added.) When she filed two lawsuits demanding more than $4,000, based on this single demand, she put herself outside the purview of ORS 20.080(1).
If plaintiff's claims had been filed separately in a single lawsuit, i.e., as separate claims or counts, attorney fees would not be recoverable, even if she had demanded attorney fees in only one of them. Johnson v. White, 249 Or 461, 439 P2d 8 (1968). However, the majority would reward her for separating her claims into two lawsuits and demanding attorney fees in both, based on a single demand, by allowing her to recover attorney fees in both claims and letting her choose in which she can justify the greater amount.
Neither the arbitrator nor the trial judge fell for plaintiff's ploy of dividing her claim into separate lawsuits. Unfortunately, most members of this court have.
Somewhat respectfully, I dissent.
Page 1 2 3 4 5 6 7 8 Oregon Personal Injury Attorneys
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