YOU DO MAKE A DIFFERENT – THANK YOU FOR PARTICIPATING
BILL FAILED IN THE SENATE 6/4
PASSED HOUSE 3/25
This bill removes $500,000 cap on noneconomic damages for actions arising out of bodily injury. Retains $500,000 cap on actions for damages arising out of wrongful death.
This goes contrary to tort reform and will add to the rising cost of medical insurance adding to doctor and hospital costs for their insurance. And, we all know about the McDonald’s hot coffee case where the jury awarded $2.86million.
There is no limit to the amount juries can award for economic damages in lawsuits, which covers medical bills, lost wages and property damage. But a 2016 Oregon Supreme Court ruling established a $500,000 cap on noneconomic damages. Article 1, Section 10 of the Oregon Constitution states, “No court shall be secret, but justice shall be administered, openly and without purchase, completely and without delay, and every man shall have remedy by due course of law for injury done him in his person, property, or reputation.” In 2016, an Oregon Supreme Court case analyzed the remedy provisions in Article 1, section 10, and limited recovery on all noneconomic damages to $500,000. See Horton v OHSU, 359 Or 168 (2016). This bill allows victims to recover the damages a jury determines are owed without cap.