|CALENDAR STATUS: Active|
|Lori Horton v. Oregon Health Science University|
|Supreme Court Case 1|
|Roy Pulvers on behalf of Marvin Harrison, M.D.|
David K. Miller and Maureen Leonard on behalf of Lori Horton
Statement of Issues:
|Defendant Marvin Harrison, M.D., appeals a limited judgment against him by the Multnomah County Circuit Court for $12 million for medical negligence. The trial court held that ORS 30.271, which limits to $3 million the aggregate amount of damages that may be awarded against a state employee under the Oregon Tort Claims Act, was unconstitutional under the Oregon Constitution, Article I, section 10 (remedies clause); Article I, section 17 (right to jury trial); and Article VII (Amended), section 3 (prohibiting re-examination of facts found by jury). On appeal, the issues are:|
(1) Whether discretionary immunity or sovereign immunity would have barred an action against defendant in 1857.
(2) Whether the remedies clause of Article I, section 10, guarantees a substantive right to a remedy, and if it does, whether the remedy here was constitutional because it was substantial.
(3) Whether the right to jury trial under Article I, section 17, operates to prohibit statutory limits on damages generally, and if it does, whether that prohibition should be extended to the damage limits under the Oregon Tort Claims Act.
(4) Whether the prohibition against re-examining facts found by a jury of Article VII (Amended), section 3, operates to prohibit statutory limits on damages. 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: