Legal Opinion

Hale v. Port of Portland

Oregon Supreme Court

Decided November 30, 1989No. TC A8104-02187; CA A35081; SC S35062PublishedCited by 121 opinions

1Opinion of the Court

*511GILLETTE, J.

The issue in this case is whether the damage limitations in the Oregon Tort Claims Act (OTCA)1 are constitutional as applied to cities and port districts. The Court of Appeals upheld the limitations. Hale v. Port of Portland, 89 Or App 209, 748 P2d 161 (1988). We affirm.

Plaintiff suffered severe injuries in a November 3, 1980, accident occurring when the vehicle in which he was riding collided with an obstacle embedded in a road. Plaintiff s medical bills alone reportedly exceed $600,000. Through his guardian ad litem, he filed this action against several defendants, including two…

2Cases cited40 opinions

  1. Duke Power Co. v. Carolina Environmental Study Group, Inc.Supreme Court of the United States · 1978
  2. Nevada v. HallSupreme Court of the United States · 1979
  3. Hoffman v. Connecticut Department of Income MaintenanceSupreme Court of the United States · 1989
  4. Brown v. Multnomah County District CourtOregon Supreme Court · 1977
  5. Campbell v. StateIndiana Supreme Court · 1972

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3Cited by121 opinions

  1. Collins v. DayIndiana Supreme Court · 1994
  2. Smothers v. Gresham Transfer, Inc.Oregon Supreme Court · 2001
  3. Armatta v. KitzhaberOregon Supreme Court · 1998
  4. Lakin v. Senco Products, Inc.Oregon Supreme Court · 1999
  5. Evans Ex Rel. Kutch v. StateAlaska Supreme Court · 2002

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