Gardner

I. BACKGROUND

John and Susan Gardner own and operate Mt. Hood Polaris, Inc., a retail store located in Boring, Oregon that sells personal watercraft (“PWC”) and other recreational vehicles. Melissa Feroglia (“Feroglia”) purchased a PWC manufactured by Polaris Industries, Inc.3 from Appellants. Shortly thereaf- ter, the PWC she purchased experienced several overheating problems. Feroglia asked John Gardner for a refund but did not receive one.

The Tom Martino Show is a nationally-syndicated radio talk show that airs telephone conversations between Martino and callers seeking help with their consumer problems. Feroglia contacted The Tom Martino Show about her dispute with Appellants and ultimately, she was invited to call in to the show and explain her problem to Martino live on the air. 2 Appellants appealed the September 20, 2006 Order that awarded attor- ney’s fees to Appellees. Appellants have not briefed this issue, therefore, it will not be reviewed by this Court. 3 Melissa Feroglia and Polaris Industries, Inc. are not named parties in this lawsuit. GARDNER v. MARTINO 4827 Martino spoke with Feroglia and then discussed her com- plaints over the course…