NEHER v. CHARTIER

CC A9112-08001; CA A75617; SC S40950.

879 P.2d 156 (1994)

319 Or. 417

Gary NEHER, Personal Representative of the Estate of Julie Neher, deceased, Petitioner on Review, v. Larry Lee CHARTIER, and Tri-County Metropolitan Transportation District of Oregon, a municipal corporation, doing business under the assumed business name of Tri-Met, Respondents on Review.

Supreme Court of Oregon, In Banc.

Decided August 4, 1994.


Attorney(s) appearing for the Case

Elden M. Rosenthal, of Rosenthal & Greene, P.C., Portland, argued the cause for petitioner on review. With him on the brief was B. Carlton Grew, Portland.

John R. Faust, Jr., of Schwabe Williamson & Wyatt, Portland, argued the cause and filed the response for respondents on review.

David F. Sugerman, of Paul & Sugerman, Portland, filed a brief amicus curiae on behalf of Oregon Trial Lawyers Ass'n.

Theodore R. Kulongoski, Atty. Gen., Virginia L. Linder, Sol. Gen., and Robert M. Atkinson, Asst. Atty. Gen., Salem, filed a brief amicus curiae on behalf of State.


VAN HOOMISSEN, Justice.

ORS 30.265(3)(a), a part of the Oregon Tort Claims Act (OTCA), provides that public bodies and their officers, employees, and agents, acting within the scope of their employment, are immune from liability for claims for injury to or death of any person covered by any workers' compensation law. At issue in this case is whether ORS 30.265(3)(a) violates Article I, section 10,1

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