Dryden v. State Accident Insurance Fund Corp.

This case is before us for the second time. In our first opinion, we held that, because plaintiffs punitive damages claim alleged an intentional tort against Dryden (defendant) personally, outside the scope of the Oregon Tort Claims Act (OTCA), ORS 30.260 et seq, the trial court erred in striking the claim on the ground that punitive damages are not recoverable under OTCA. Dryden v. SAIF, 88 Or App 542, 746 P2d 240 (1987).1 On remand, the trial court, relying on Brungardt v. Barton, 69 Or App 440, 685 P2d 1021 (1984), granted defendant’s motion for a directed verdict at the close of…