Krieger v. Just

WARREN, J.,

specially concurring.

I agree with the majority’s result but differ with its analysis.

The majority holds that plaintiffs failure to give a formal notice of claim under ORS 30.275(3)(a) to defendant’s school district within 180 days after the injury is a jurisdictional bar to his action.11 disagree, because I do not believe ORS 30.275 applies to a tort action against an individual public employee, even if the employee commits the tort while acting in the scope of the employment.

Before 1967, public bodies were immune from tort liability. Bacon v. Harris, 221 Or 553, 352 P2d 472…