Rains v. Stayton Builders Mart, Inc.

*338*675On remand from the Supreme Court, we are tasked with reconsidering whether, in light of Horton v. OHSU , 359 Or. 168, 376 P.3d 998 (2016), the $500,000 statutory cap on noneconomic damages in ORS 31.710(1) is unconstitutional when applied to plaintiffs' noneconomic damages awards.1 For the reasons explained below, we conclude that reducing plaintiffs' noneconomic damages awards under ORS 31.710(1) would violate the remedy clause of Article I, section 10, of the Oregon Constitution. Accordingly, we affirm the limited judgment in favor of plaintiffs.

The relevant facts on remand are…