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GRIFFIN v. TRI-MET

CC A8902-01014; CA A64191; SC S39510, S40017.

870 P.2d 808 (1994)

318 Or. 500

Joe GRIFFIN, By and Through Doug STANLEY, Personal Representative of the Estate of Joe Griffin, Deceased, Respondent on Review, v. TRI-COUNTY METROPOLITAN TRANSPORTATION DISTRICT OF OREGON, an Oregon municipal corporation, Petitioner on Review, and James Cowen and Donald Denson, Defendants.

Supreme Court of Oregon.

Decided April 7, 1994.

Reconsideration Denied May 24, 1994.

Attorney(s) appearing for the Case

Jeffrey M. Batchelor, Portland, argued the cause and filed the petitions for petitioner on review.

Lori Irish Bauman, Portland, argued the cause and filed the responses for respondent on review.

David K. Allen, Jennifer Kimble, and Shawn Koch, Salem, filed a brief for amicus curiae Cascade Aids Project, Inc.

John Paul Graff, of Graff & O'Neil, Portland, filed a brief for amicus curiae Oregon Trial Lawyers Ass'n.

James N. Westwood, of Miller, Nash, Wiener, Hager & Carlsen, Portland, filed a brief for amici curiae Portland Dist. 1J, League of Oregon Cities, Ass'n of Oregon Counties, and Oregon School Boards Ass'n.

Before CARSON, C.J., PETERSON, GILLETTE, VAN HOOMISSEN, FADELEY, UNIS and GRABER, JJ.

GILLETTE, Justice.

The issue in this case is whether the $100,000 liability limit in the pre-1989 version of the Oregon Tort Claims Act applies to attorney fees and costs awarded against a public body in an employment discrimination action that arose at the time that the limit was in effect. We hold that the limit applies.

Defendant Tri-County Metropolitan Transportation District of Oregon (Tri-Met) is a municipal corporation that is subject to the Oregon...

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