47 Trial Lawyer • Winter 2024 must include both monetary and nonmonetary aspects of the judgment and offer of judgment. Mendoza v. Xtreme Truck Sales, LLC, 328 Or App 563 (2023); Aoyagi, J. The plaintiff was represented by John Gear. This case arose out of a dispute over a used vehicle that the plaintiff purchased from the defendant. A mandatory courtannexed arbitration resulted in an arbitration award in the plaintiff’s favor. As part of the award, the plaintiff was required to return the vehicle to the defendant. The trial court entered a judgment for the plaintiff based on that arbitration award. The defendant then filed a motion asserting that the plaintiff failed “to obtain a judgment more favorable than the offer to allow judgment” that the defendant had made before the parties went to arbitration, ORCP 54 E(3), and that, consequently, the plaintiff was limited to recovering pre-offer attorneys’ fees and costs, and the defendant was entitled to recover post-offer costs. The trial court denied the motion on its merits. In doing so, the trial court declined to consider the value of the nonmonetary aspects of the judgment when it compared the amount of the judgment to the amount of the defendant’s earlier offer. The Court of Appeals reversed and remanded, holding that, in making the comparison required under ORCP 53 E(3), the trial court must consider both monetary and nonmonetary aspects of the judgment and offer of judgment. Cody Hoesly specializes in appeals, financial fraud and commercial cases. He contributes to OTLA Guardians at the Guardians Club level. Hoesly is a shareholder at Barg Singer Hoesly PC, 121 SW Morrison St., Ste. 600, Portland, OR 97204. He can be reached at 503-2418521 or choesly@bargsinger.com. Lisa T. Hunt specializes in appeals and full-scale trial and motions support for plaintiff attorneys. Recent practice areas include class actions, Oregon’s wage and hour law, product and premises liability, personal and business injury, and UIM. She can be reached at the Law Office of Lisa T. Hunt, LLC, 503-515-8501 or lthunt@lthuntlaw.com. Nadia Dahab specializes in appeals, civil rights, and general civil and class action litigation. She contributes to OTLA Guardians at the Guardians Club level. Dahab is a shareholder at Sugerman Dahab, 707 SW Washington St., Ste. 600, Portland, OR 97205. She can be reached at nadia@sugermandahab.com or 503228-6474. Thank You to members of the OTLA Publications Committee Shannon Conley Blaine Clooten Marissa Korbel Barb Long Faith Morse Matt Rizzo Deena Sajitharan Tim Walsh For your hard work throughout the year to bring us the fine content of this and every issue of Trial Lawyer magazine. Rob Wilkinson
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