Lori Gayle HUGHES, as Personal Representative for the Estate of Jill Marie Dieringer, deceased, Petitioner on Review,
v.
PEACEHEALTH, a Washington corporation, dba Sacred Heart Medical Center and PeaceHealth Medical Group, Respondent on Review, and
Eugene Emergency Physicians, PC, an Oregon corporation, Defendant.
Supreme Court of Oregon.https://leagle.com/images/logo.png
Argued and Submitted November 1, 2006.
Decided February 22, 2008.
Attorney(s) appearing for the Case
Kathryn H. Clarke, Portland, argued the cause and filed the brief for petitioner on review. With her on the brief was Linda K. Eyerman, of Gaylord Eyerman Bradley, PC, Portland.
Marjorie A. Speirs, of Hoffman, Hart & Wagner, LLP, Portland, argued the cause and filed the brief for respondent on review. With her on the brief was Janet M. Schroer.
Barry Adamson, Lake Oswego, filed the brief on behalf of himself as amicus curiae.
Maureen Leonard, Portland, and Ned Miltenberg, Center for Constitutional Litigation, P.C., Washington, D.C., filed a brief on behalf of amicus curiae Association of Trial Lawyers of America.
Robert K. Udziela, Beaverton, filed a brief on behalf of amicus curiae Oregon Trial Lawyers Association.
Judy C. Lucas, Senior Assistant Attorney General, Salem, filed a brief on behalf of amicus curiae State of Oregon. With her on the brief were Hardy Myers, Attorney General, and Mary H. Williams, Solicitor General.
Lindsey H. Hughes, of Keating Jones Bildstein & Hughes, P.C., Portland, filed a brief on behalf of amicus curiae Oregon Association of Defense Counsel.
David L. Runner, Salem, filed a brief on behalf of amici curiae SAIF Corporation and Timber Products Company.
David C. Landis, Portland, filed a brief on behalf of amici curiae Oregon Medical Association and American Medical Association.
Before DE MUNIZ, Chief Justice, and CARSON, GILLETTE, DURHAM, BALMER, KISTLER, and WALTERS, Justices.
Supreme Court of Oregon.
GILLETTE, J.
In this wrongful death action, the personal representative of a deceased person challenges the trial court's application of the statutory damages cap set out at ORS 31.710 to the jury's award of damages. Plaintiff argues that, as applied in her case, ORS 31.710 violates two provisions of the Oregon Constitution — the "remedy" guarantee set out in Article I, section 10, and the right to a jury trial set out in Article I, section 17. The Court of...
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