LAWSON v. HOKE

(CC 0101-00766; CA A117388; SC S51044).

119 P.3d 210 (2005)

339 Or. 253

Elisa LAWSON, Petitioner on Review, v. Spencer HOKE, Respondent on Review.

Supreme Court of Oregon.

Decided September 9, 2005.


Attorney(s) appearing for the Case

Willard E. Merkel, of Merkel & Associates, Portland, argued the cause and filed the brief for petitioner on review.

Janet M. Schroer, of Hoffman, Hart & Wagner, LLP, Portland, argued the cause and filed the brief for respondent on review. With her on the brief was Marjorie A. Speirs.

W. Eugene Hallman, of Hallman & Dretke, Pendleton, argued the cause and filed a brief for amicus curiae Oregon Trial Lawyers Association. Richard E. Oberdorfer and S. Patricia Oberdorfer, of Oberdorfer Law Firm LLC, Portland, also filed a brief.

Robert M. Atkinson, Assistant Attorney General, Salem, filed a brief for amicus curiae State of Oregon. With him on the brief were Hardy Myers, Attorney General, and Mary H. Williams, Solicitor General.

Benjamin M. Bloom, of Hornecker, Cowling, Hassen & Heysell, LLP, Medford, filed a brief for amicus curiae Oregon Association of Defense Counsel.

Jonathan M. Hoffman, of Martin Bischoff et al., Portland, filed a brief for amicus curiae Product Liability Advisory Council, Inc. With him on the brief was Justin M. Thorp.

David L. Runner, Appellate Counsel, Salem, filed a brief for amici curiae SAIF Corporation, Pape Groups, Inc., and Timber Products Company.

Lisa E. Lear, of Bullivant Houser Bailey PC, Portland, filed a brief for amici curiae Allstate Insurance Company, Oregon Mutual Insurance Company, and State Farm Insurance Company. With her on the brief were Jeffrey S. Eden and John R. Bachofner.


GILLETTE, J.

This personal injury action arising out of an automobile collision raises a fundamental issue concerning the legislature's ability to choose a particular legal device as a way to advance a particular public policy. Here, the legislature chose the device of precluding an award of certain forms of civil damages to those who violate the policy in question — compulsory automobile insurance — as a kind of "stick" to encourage persons to abide...

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