State Ex Rel. Young v. Crookham

*63LENT, J.

The issue in this case is whether Oregon should adopt the so-called "one bite” or "first comer” theory of punitive damages whereby, in multiple litigation arising from a continuing episode, the award of exemplary damages to one plaintiff would preclude the recovery of punitive damages for all subsequent plaintiffs.

Plaintiffs are 75 persons1 who claim to have been exposed to E coli bacteria resulting in severe gastrointestinal illness while visiting Crater Lake Lodge in Crater Lake National Park. Defendant is the presiding judge of the Multnomah County Circuit Court.

Defendant circuit…