Case Analysis : Jackson County Court Against Cody Meuser Essay

714 Words Oct 2nd, 2015 3 Pages
On May 11, 2015, Plaintiff Theodore Sherbow with a small claim’s action in Jackson County Court against Cody Meuser. Plaintiff claimed that on August 9, 2014, Mr. Meuser driving north on a two lane street at Wal-Mart, made a left turn in the cross center lane and struck Plaintiff’s automobile as it was going South. Defendant failed to yield the right away to Plaintiff. Plaintiff sought $909.04. Eugene V. Anderson of Davis Hearn, Anderson and Turner in Ashland is representing Ted Sherbow.

On June 18, Plaintiff filed a Complaint in Jackson County court demanding payment of $909.40 for damages to his vehicle and $2,500 based on a deformation claim. On June 19th, Bernie sent the adjuster Shannon Anslow an email, stating that he is not convinced that Plaintiff is entitled to attorney’s fees even if he prevails.

Bernie stated that ORS 20.080 generally requires a written demand for settlement thirty days prior to a commencement of the action. There are two exceptions when a case is transferred from small claims to Circuit Court pursuant to ORS 46.465: The first exception transferred under ORS 46.465 occurs when defendant files a counter claim an access to $10,000 and a motion to transfer pursuant to ORS 46.465 sub (2). If the case is transferred under ORS 46.465, the Plaintiff has thirty days from the transfer to send a demand. In this case, no counter claim was played. The second exception, which is what happened in this matter, occurs when a Defendant request Jury Trial and…

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