Oregon Statutes 30.269 – Limitations on awards under Oregon Tort Claims Act generally
(1) Punitive damages may not be awarded on any claim subject to ORS § 30.260 to 30.300.
Terms Used In Oregon Statutes 30.269
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- public body: means state government bodies, local government bodies and special government bodies. See Oregon Statutes 174.109
- Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
- Tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident.
- Verdict: The decision of a petit jury or a judge.
(2) Claims subject to ORS § 30.260 to 30.300 are not subject to the limitation imposed by ORS § 31.710.
(3) A court may not apply the limitations imposed on recovery under ORS § 30.271, 30.272 and 30.273 until after the entry of a verdict or a stipulation by the parties to the amount of the damages.
(4) The limitations imposed under ORS § 30.271 (2) and 30.272 (2) on single claimants include damages claimed for loss of services or loss of support arising out of the same tort.
(5) If two or more claimants recover on a claim that arises out of a single accident or occurrence, and the recovery is subject to a limitation imposed by ORS § 30.271 (3), 30.272 (3) or 30.273 (2)(b), any party to the action in which the claim is made may apply to the court to apportion to each claimant the proper share of the amount allowed by ORS § 30.271 (3), 30.272 (3) or 30.273 (2)(b). The share apportioned to each claimant shall be in the proportion that the ratio of the award or settlement made to the claimant bears to the aggregate awards and settlements for all claims arising out of the accident or occurrence.
(6) Liability of any public body and one or more of its officers, employees or agents, or two or more officers, employees or agents of a public body, on claims arising out of a single accident or occurrence, may not exceed in the aggregate the amounts allowed by ORS § 30.271, 30.272 and 30.273.
(7) ORS § 30.271, 30.272 and 30.273 do not apply to a claim arising in connection with a nuclear incident covered by an insurance or indemnity agreement under 42 U.S.C. § 2210.
(8) For the purposes of the limitations imposed by ORS § 30.271, 30.272 and 30.273, events giving rise to a declaration of a state of emergency under ORS § 401.165, or a declaration of a state of public health emergency under ORS § 433.441, do not constitute a single accident or occurrence. [2009 c.67 § 2; 2009 c.718 § 15; 2021 c.539 § 78]
30.269 to 30.274 were added to and made a part of 30.260 to 30.300 by legislative action but were not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.
[1967 c.627 § 4; 1969 c.429 § 2; 1975 c.609 § 13; 1987 c.705 § 8; 1987 c.915 § 13; repealed by 2009 c.67 § 20]