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McCORMICK v. CITY OF PORTLAND

9607-05374; A107618.

82 P.3d 1043 (2004)

191 Or. App. 383

William C. McCORMICK and Jani McCormick, Plaintiffs, v. CITY OF PORTLAND, Defendant. George Spada and Marietta Spada, Appellants-Cross-Respondents, v. City of Portland, Respondent-Cross-Appellant, and William C. McCormick, Defendant.

Court of Appeals of Oregon.

Decided January 14, 2004.

Attorney(s) appearing for the Case

Mark C. McClanahan, Portland, argued the cause for appellants-cross-respondents George Spada and Marietta Spada. With him on the briefs was Mark C. McClanahan, P.C.

Harry M. Auerbach, Senior Deputy City Attorney, argued the cause and filed the briefs for respondent-cross-appellant City of Portland.

Douglas G. Schaller and Michele C. Smith, Eugene, filed the brief amicus curiae for Oregon Trial Lawyers Association.

Before EDMONDS, Presiding Judge, and WOLLHEIM and SCHUMAN, Judges.

SCHUMAN, J.

Plaintiffs George and Marietta Spada received a judgment of $62,173.44 against the City of Portland for damage to their property caused by a landslide and exacerbated, according to the jury, by the city's negligence and trespass. The trial court denied the city's motion to reduce the damages pursuant to ORS 30.270(1)(a), which imposes a $50,000 per-claimant cap on property damage awards against public bodies. On appeal, the Spadas assign error to the amount...

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