Baker Sterchi Secures Recovery of Attorney Fees as a Result of Meritless Claims
In a premises liability case involving alleged serious bodily injuries, Baker Sterchi successfully defended a property owner wrongfully named in a $6 million lawsuit. Plaintiff claimed he was injured while attempting, unsuccessfully, to load a telehandler onto a flatbed trailer parked on a public roadway at the base of a hilly residential property owned by our client. With no clear tortfeasors, plaintiff alleged our client was negligent for not assisting with recovery of the equipment, which had been leased by a contractor, from his property.
Plaintiff claimed general negligence by our client for failing to exercise reasonable care and control over work activities related to the construction of his home on the hill. However, there was no evidence our client had leased or was otherwise responsible for returning the equipment. Repeated requests for dismissal were made throughout the litigation, both at the pleading stage and during summary judgment. Plaintiff declined to withdraw the claim.
Following the court’s entry of summary judgment in favor of our client, Baker Sterchi attorneys moved to recover attorney fees under Oregon law. Although such motions are rarely granted, the court agreed with Baker Sterchi, finding the plaintiff’s claims were frivolous, unfounded and lacked any objectively reasonable basis. The court further found the recovery of attorney fees reasonable given the novelty and complexity of the issues and the skill, experience, reputation and ability of the attorneys involved in defending the case. The court awarded $85,000 in attorney fees and costs.
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