Brook Alexander HALE, by Alex Hale, His Guardian Ad Litem, Petitioner On Review,
v.
PORT OF PORTLAND, a Municipal Corporation; City of Portland, a Municipal Corporation, Respondents On Review, County of Multnomah, a Political Subdivision of the State of Oregon; Columbia Grain, Inc., an Oregon Corporation; Stillman O. Daniels and Martha J. Daniels, Husband and Wife; Dennis Seiders and Glenda Seiders Dba Curtis Farms Trucking; and Robert Hoiberg, Defendants.
Supreme Court of Oregon.https://leagle.com/images/logo.png
Argued and Submitted September 7, 1988.
Decided November 30, 1989.
Reconsideration Denied January 11, 1990.
Attorney(s) appearing for the Case
Frank M. Parisi, Portland, argued the cause on behalf of petitioner on review. With him on the petition were Robin B. Parisi, Spears, Lubersky, Bledsoe, Anderson, Young & Hilliard, and Barrie J. Herbold, Markowitz & Herbold, P.C., Portland.
William P. Buren, Portland, argued the cause on behalf of respondent on review Port of Portland. With him on the response was Lindsay, Hart, Neil & Weigler, Portland.
Ridgway K. Foley, Jr., Portland, filed a response on behalf of respondent on review City of Portland. With him on the response was Schwabe, Williamson & Wyatt, Portland.
Arthur C. Johnson, Eugene, filed a brief on behalf of amicus curiae Johnson, Clifton, Larson & Bolin, P.C. With him on the brief were Michael V. Phillips and Douglas G. Schaller, Eugene.
David Gernant, Portland, filed a brief on behalf of amicus curiae Oregon Trial Lawyers Ass'n.
James N. Westwood, Portland, filed a brief on behalf of amicus curiae Oregon Ass'n of Defense Counsel. With him on the brief were William H. Walters and Miller, Nash, Wiener, Hager & Carlsen, Portland.
Jerome Lidz, Asst. Atty. Gen., Salem, filed a brief on behalf of amicus curiae State of Oregon. With him on the brief were Dave Frohnmayer, Atty. Gen., and Virginia L. Linder, Sol. Gen., Salem.
Michael E. Judd, Chief Asst. County Counsel, Clackamas County Counsel, Oregon City, filed a brief on behalf of amici curiae Ass'n of Oregon Counties and Oregon School Boards Ass'n. With him on the brief were Edward C. Harms, Jr., Springfield, and Paul Snider, Legal Counsel, Ass'n of Oregon Counties, Salem.
Timothy Sercombe, Eugene, filed a brief on behalf of amicus curiae League of Oregon Cities. With him on the brief was Harrang, Long, Watkinson & Arnold, P.C., Eugene.
Before PETERSON, C.J., and LINDE, CAMPBELL, CARSON, JONES and GILLETTE, JJ.
Supreme Court of Oregon.
GILLETTE, Justice.
The issue in this case is whether the damage limitations in the Oregon Tort Claims Act (OTCA)1 are constitutional as applied to cities and port districts. The Court of Appeals upheld the limitations. Hale v. Port of Portland,89 Or.App. 209, 748 P.2d 161 (1988). We affirm.
Plaintiff suffered severe injuries in a November 3, 1980, accident...
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