Yamaha Store of Bend v. Yamaha Motor Corp‪.‬

Plaintiff, The Yamaha Store of Bend, Oregon, Inc., and defendant, Yamaha Motor Corporation, U.S.A., each petition for reconsideration of different portions of our decision in Yamaha Store of Bend, Inc. v. Yamaha Motor Corp., 310 Or 333, 798 P2d 656 (1990). Plaintiff argues that defendant should not have been awarded costs on review, and that it should have been awarded costs and attorney fees on review. Defendant argues that this court should not have remanded this case for a new trial on the issue of damages because plaintiff waived or abandoned its "lost profits" theory of damages, and that it is entitled to reasonable attorney fees on appeal. We allow plaintiffs petition in part, and deny defendants petition.