Neikes v. Ticor Title Company of Oregon

The existence and amount of [the] damages must be established with reasonable certainty. If the trier of fact must resort to speculation, conjecture or surmise, a claim of damages with fail. Newell v. Weston, 150 Or. App. 562, 582, 946 P2d 691 (1997) rev den, 327 Or 317 (1998)

Plaintiff appealed general judgment dismissing on summary judgment his claims for fraud, breach of fiduciary duty, and violation of the Oregon Racketeering Influence and Corrupt Practices Act (ORICO) against Defendants Ticor Title Company of Oregon and Fidelity National Title Group, Inc. Plaintiff assigned error to the trial court’s granting of Defendant’s motion for summary judgment in its entirety and judgment dismissing all of Plaintiff’s claims. On appeal, Plaintiff argued that he put on sufficient evidence of his damages to create a genuine issue of material fact to preclude summary judgment. In response, Defendant argued that Plaintiff could not prove that he had been damaged as alleged in the complaint. The existence and amount of [the] damages must be established with reasonable certainty. If the trier of fact must resort to speculation, conjecture or surmise, a claim of damages with fail. Newell v. Weston, 150 Or. App. 562, 582, 946 P2d 691 (1997) rev den, 327 Or 317 (1998). The Court of Appeals held that plaintiff did not present sufficient evidence that he had suffered damages because of defendants’ actions. Affirmed.