- Court: Oregon Court of Appeals
- Area(s) of Law: Tort Law
- Date Filed: 01-27-2021
- Case #: A166806
- Judge(s)/Court Below: Armstrong, P.J. for the Court; Tookey, J.; & James, J.
- Full Text Opinion
In an action that involved tort claims for common-law trespass, conversion, and statutory "trespass to produce," a jury awarded damages to Respondents on all claims and the trial court awarded damages under ORS 105.815. Appellant assigned error to the trial court’s decision to award Respondents damages under ORS 105.815. On appeal, Appellant argued that Respondents did not prevail on their statutory claims because, to prevail on a claim relating to damage to produce, the damage must be caused willfully. Trespass in ORS 105.815 refers to the unauthorized injury to or severance of timber or produce. The Court held that the trial court was correct to enter a judgment for double damages under ORS 105.815. The Court reasoned that the amount of Appellant’s damages depended on whether the injury was willful and the jury found that Respondent’s injury to produce was not willful. Affirmed.