- Court: Oregon Court of Appeals
- Area(s) of Law: Contract Law
- Date Filed: 07-24-2013
- Case #: A148167
- Judge(s)/Court Below: Nakamoto, J. for the Court; Schuman, P.J.; and Wollheim, J.
Simplex sought reconsideration of the Court of Appeals opinion. Simplex argued that the Court erred by incorrectly assuming that the indemnification clause applied to negligent acts of PacifiCorp, and not Simplex thereby disallowing PacifiCorp from recovering attorney fees in a breach of contract action against Simplex. The Court recognized the transposition of parties in its prior examples, called them immaterial, and adhered to its prior opinion with some modification. The Court held that despite transposing parties in hypotheticals used in the earlier opinion, Simplex would still be obligated to pay PacifiCorp's attorney fees. Reconsideration allowed; former opinion adhered to as modified.