DRYDEN v. SAIF

85-1807; CA A61014.

796 P.2d 397 (1990)

103 Or.App. 76

Wanda L. DRYDEN, Appellant, v. STATE ACCIDENT INSURANCE FUND CORPORATION, Defendant, James William Gordon, Respondent.

Court of Appeals of Oregon

Decided August 8, 1990.


Attorney(s) appearing for the Case

William B. Wyllie, Salem, argued the cause and filed the brief for appellant.

James C. Edmonds, Salem, argued the cause for respondent. With him on the brief were Michael C. McClinton and Clark, Lindauer, McClinton, Krueger, Fetherston & Edmonds, Salem.

Before WARREN, P.J., and RIGGS and EDMONDS, JJ.


EDMONDS, Judge.

This case is before us for the second time. In our first opinion, we held that, because plaintiff's punitive damages claim alleged an intentional tort against Dryden (defendant) personally, outside the scope of the Oregon Tort Claims Act (OTCA), ORS 30.260 et seq, the trial court erred in striking the claim on the ground that punitive damages are not recoverable under OTCA. Dryden v. SAIF, 88 Or.App. 542...

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