Voth v. State

Plaintiff, an inmate in an Oregon correctional facility, appeals from the trial court’s grant of summary judgment to defendant State of Oregon 1 dismissing his negligence and intentional infliction of emotional distress claims for non-economic damages. ORCP 47 C. The trial court ruled under ORS 30.650 2 that plaintiff could not recover noneconomic damages in the absence of establishing economic damages. We affirm.

For the purpose of this summary judgment proceeding, we state the facts in the light most favorable to plaintiff. Shockey v. City of Portland, 313 Or 414, 422, 837 P2d 505 (1992),…