BUSCH v. McINNIS WASTE SYSTEMS, INC.

(CC 15CV13496) (SC S066098).

468 P.3d 419 (2020)

366 Or. 628

Scott Raymond BUSCH, Respondent on Review, and Deanne Marie Busch, Plaintiff, v. MCINNIS WASTE SYSTEMS, INC., Petitioner on Review.

Supreme Court of Oregon.

July 9, 2020.


Attorney(s) appearing for the Case

Julie A. Smith , Cosgrave Vergeer Kester LLP, Portland, argued the cause and filed the briefs for petitioner on review.

W. Eugene Hallman , Hallman Law Office, Pendleton, and Paulson Coletti, Portland, argued the cause and filed the brief for respondent on review.

Janet Schroer , Hart Wagner LLP, Portland, and Cary Silverman , Shook, Hardy & Bacon, L.L.P., Washington DC, filed the brief for amici curiae Chamber of Commerce of the United States of America, American Tort Reform Association, American Property Casualty Insurance Association, Medical Professional Liability Association, and Coalition for Litigation Justice, Inc.

Hillary A. Taylor , Keating Jones Hughes, P.C., Portland, filed the brief for amici curiae Oregon Medical Association, American Medical Association, and American College of Obstetricians and Gynecologists.

Sharon A. Rudnick , Harrang Long Gary Rudnick P.C., Portland, filed the brief for amici curiae Oregon Liability Reform Coalition and National Federation of Independent Business. Also on the brief was Susan Marmaduke.

Nadia H. Dahab , Portland, Travis Eiva , Eugene, and Kathryn Clarke , Portland, filed the brief for amicus curiae Oregon Trial Lawyers Association.

Before Walters, Chief Justice, and Balmer, Nakamoto, Flynn, Duncan, and Nelson, Justices, and Landau, Senior Judge, Justice pro tempore.


In this personal injury action, we consider, for the first time since this court re-examined the remedy clause of Article I, section 10, of the Oregon Constitution in Horton v. OHSU, 359 Or. 168, 376 P.3d 998 (2016), the constitutionality of a statutory cap...

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