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HAMLIN v. HAMPTON LUMBER MILLS, INC.

(CC 040302235; CA A130213; SC S056700).

246 P.3d 1121 (2011)

349 Or. 526

Ken HAMLIN, Petitioner on Review, v. HAMPTON LUMBER MILLS, INC., an Oregon corporation, dba Willamina Lumber Company, Respondent on Review.

Supreme Court of Oregon.

Decided January 6, 2011.

Attorney(s) appearing for the Case

Craig A. Crispin , Crispin Employment Lawyers, Portland, argued the cause and filed the brief for petitioner on review.

Brenda K. Baumgart , Barran Liebman LLP, Portland, argued the cause and filed the brief for respondent of review. With her on the brief was Edwin A. Harnden .

Phil Goldsmith , Portland, filed the briefs for amicus curiae Oregon Trial Lawyers Association.

Before DE MUNIZ, Chief Justice, DURHAM, BALMER, KISTLER, WALTERS, and LINDER, Justices, and GILLETTE, Justice pro tempore.

WALTERS, J.

In this case, plaintiff was injured while working at defendant's mill. When plaintiff was released to return to work, defendant refused to reinstate him as required by ORS 659A.043, falsely asserting that he was a "safety risk." A jury awarded plaintiff lost wages of $6,000 and punitive damages of $175,000. On appeal, the Court of Appeals held that the punitive damages award was "grossly excessive" under the...

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