Limitation on award for noneconomic damages in claim for wrongful death
Mentioned in
Oregon Dog Bite Law
“A dog bite victim in Oregon can recover compensation under a special statute and the doctrines of negligence, negligence per se, scienter, and intentional tort.”
Bibliographic info
Source:
Section 31.710 — Limitation on award for noneconomic damages in claim for wrongful death, https://www.oregonlegislature.gov/bills_laws/ors/ors031.html.
Notes of Decisions
Economic damages awarded for pecuniary loss in wrongful death actions are not limited to objectively verifiable monetary losses. Ingram v. Acands, Inc., 977 F2d 1332 (1992)
Plaintiff need not present evidence of past employment or intent of future employment to collect damages for reduced earning capacity. Richmond v. Zimbrick Logging, Inc., 124 Or App 631, 863 P2d 520 (1993), Sup Ct review denied
Where personal injury was not essential element of claim, instruction that jury must find noneconomic damages before awarding economic damages was erroneous. Whitman-McCoy v. Dept. of Corrections, 132 Or App 45, 887 P2d 375 (1994)
Pleadings in negligence claim could include allegation of harm based on birth of healthy normal child. Zehr v. Haugen, 318 Or 647, 871 P2d 1006 (1994)
Term “objectively verifiable monetary losses” does not impose proof requirement that monetary loss be objectively verified. DeVaux v. Presby, 136 Or App 456, 902 P2d 593 (1995)
Definition of “economic damages” as damages that are objectively verifiable does not require that jury be informed of tax consequences of award. Purcell v. Asbestos Corp., Ltd., 153 Or App 415, 959 P2d 89 (1998), modified 155 Or App 1, 963 P2d 729 (1998), Sup Ct review denied
Amount of charges necessarily “incurred” for medical services is amount that party becomes liable or subject to at time party receives treatment, regardless of amounts provider subsequently writes off. White v. Jubitz Corp., 219 Or App 62, 182 P3d 215 (2008), aff’d 347 Or 212, 219 P3d 566 (2009)
Application of noneconomic damages cap is unconstitutional when result is dramatic reduction of noneconomic damages for most grievously injured plaintiffs. Rains v. Stayton Builders Mart, Inc., 289 Or App 672, 410 P3d 336 (2018)
Exclusion from noneconomic damages cap includes all claims for injuries that are subject to workers’ compensation laws under ORS chapter 656, including third-party claims by or on behalf of workers injured in course and scope of employment. Vasquez v. Double Press Mfg., Inc., 364 Or 609, 437 P3d 1107 (2019)
Evidence in form of estimate of cost of repairs that victim obtained from auto-body repair shop was legally insufficient to establish that that amount of restitution was “reasonable.” State v. Rebollo Alvardo, 302 Or App 802, 462 P3d 322 (2020)
Failure of this section’s statutory cap on noneconomic damages to provide injured person with quid pro quo benefit to counterbalance injured person’s constitutional right to remedy resulted in this section violating remedy clause of Article I, section 10, of Oregon Constitution. Busch v. McInnis Waste Systems, Inc., 366 Or 628, 468 P3d 419 (2020)
This section, which caps noneconomic damages on claims arising out of bodily injury, death or property damage, does not cap noneconomic damages awarded on unlawful employment practice claim brought under ORS 659A.030. Zweizig v. Rote, 368 Or 79, 486 P3d 763 (2021)
Law Review Citations
24 WLR 285 (1988); 26 WLR 198 (1989)
Up to date