Miller v. Tri-County Metropolitan District

In this action for wrongful death, the issue is whether the personal representative brought two claims— one for each beneficiary — or one claim on behalf of the decedent. A provision of the Oregon Tort Claims Act (OTCA), former ORS 30.270 (2007), repealed by Oregon Laws 2009, chapter 67, section 20, 1 sets the limit of liability of any public body to any claimant at $200,000 general and special damages combined. Thus, if the personal representative brought two claims, the total limit was $400,000, but, if the personal representative brought one claim, the cap was $200,000. The trial court…