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DOE v. LAKE OSWEGO SCHOOL DISTRICT

CV08020740; A140979.

259 P.3d 27 (2011)

242 Or. App. 605

JACK DOE 1, an individual proceeding under a fictitious name; Jack Doe 2, an individual proceeding under a fictitious name; Jack Doe 3, an individual proceeding under a fictitious name; Jack Doe 4, an individual proceeding under a fictitious name; Jack Doe 5, an individual proceeding under a fictitious name; Jack Doe 6, an individual proceeding under a fictitious name; and Jack Doe 7, an individual proceeding under a fictitious name, Plaintiffs-Appellants, v. LAKE OSWEGO SCHOOL DISTRICT, an Oregon public school district, authorized and chartered by the laws of the State of Oregon; and Judd Johnson, an individual, Defendants-Respondents.

Court of Appeals of Oregon.

Decided May 18, 2011.

Attorney(s) appearing for the Case

Kristian Roggendorf , Portland, argued the cause for appellants. With him on the briefs were Kelly Clark and O'Donnell Clark & Crew LLP.

David A. Ernst , Portland, argued the cause for respondent Lake Oswego School District. With him on the brief were Lisa E. Lear and Bullivant Houser Bailey PC.

No appearance for respondent Judd Johnson.

Before ORTEGA, Presiding Judge, and SERCOMBE, Judge, and LANDAU, Judge Pro Tempore.

ORTEGA, P. J.

Plaintiffs brought this action based on incidents of sexual abuse by a teacher (Johnson) that they allege occurred between 1968 and 1984, while they were each students in Johnson's fifth-grade class. They sought damages from the Lake Oswego School District1 pursuant to the Oregon Tort Claims Act (OTCA) on a theory of respondeat superior liability for sexual battery and intentional infliction of emotional distress ...

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