|CALENDAR STATUS: Active|
|Jack Doe 1 v. Lake Oswego School District|
|Kelly W.G. Clark and Kristian Spencer Roggendorf on behalf of Jack Doe 1 thru 7|
Timothy Volpert on behalf of Lake Oswego School District
Terrance A. Hall on behalf of Judd Johnson
Statement of Issues:
|Jack Doe 1 v. Lake Oswego School District (S059589) (A140979) (appeal from Clackamas County Circuit Court; opinion reported at 242 Or App 605, 259 P3d 27 (2011)).|
Petitioners Jack Doe 1 et al. (plaintiffs below) seek review of a Court of Appeals decision that, in pertinent part, vacated and remanded a trial court's limited judgment with instructions to enter a judgment declaring that the statute of limitations contained in the Oregon Tort Claims Act does not violate Article I, section 20, of the Oregon Constitution, or the Due Process and Equal Protection Clauses of the Fourteenth Amendment to the United States Constitution.
On review, the issues are:
(1) When does the statute of limitations in the Oregon Tort Claims Act begin to run on claims that a school district was vicariously liable for acts of childhood sexual abuse by a teacher and directly liable for its own negligence?
(2) Does a statute of limitation that begins to run before a claimant is realistically able to comprehend that a legally protected interest has been invaded violate Article I, section 20, of the Oregon Constitution, or the Fourteenth Amendment to the United States Constitution?
The foregoing summary of a Supreme Court case that is scheduled for oral argument has been prepared for the benefit of the public. Parties and practitioners should rely on neither the factual summary set out above, nor the statement of issues to be decided, as delineating the questions that the Supreme Court ultimately may consider on review. See generally Oregon Rule of Appellate Procedure 9.20.
Justice(s) NOT Participating:
Jack L. Landau