Juarez v. Windsor Rock Products, Inc.

The plaintiffs in this tort case ask this court to determine “[w]hether the negligent infliction of harm great enough to cause death is an injury for which the Oregon Constitution guarantees a remedy.” In our view, the primary issue in this case is much narrower. We must decide whether these plaintiffs have alleged a claim that the remedy clause of Article I, section 10, of the Oregon Constitution, protects. For the reasons outlined below, we hold that the claim that plaintiffs have pleaded in their complaint is not such a claim.

Because the trial court granted defendant’s motion to dismiss…