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MILLER v. TRI-MET

Nos. 080608671; A142393.

250 P.3d 27 (2011)

241 Or. App. 86

Stephanie MILLER, Personal Representative for the Estate of Austin Miller, Deceased, Plaintiff-Respondent, v. TRI-COUNTY METROPOLITAN DISTRICT, dba Tri-Met, a governmental agency, Defendant-Appellant.

Court of Appeals of Oregon.

Decided February 23, 2011.

Attorney(s) appearing for the Case

Kimberly Sewell , Portland, argued the cause and filed the briefs for appellant.

Elden Rosenthal , Portland, argued the cause for respondent. With him on the brief was Rosenthal & Greene, P.C.

Before SCHUMAN, Presiding Judge, and WOLLHEIM, Judge, and ROSENBLUM, Judge.

WOLLHEIM, J.

In this action for wrongful death, the issue is whether the personal representative brought two claims—one for each beneficiary—or one claim on behalf of the decedent. A provision of the Oregon Tort Claims Act (OTCA), former ORS 30.270 (2007), repealed by Oregon Laws 2009, chapter 67, section 20,1 sets the limit of liability of any public body to any claimant at $200,000 general and special damages...

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