statutory tort claim (Oregon) · Go Syfert
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statutory tort claim in Oregon

9 Oregon opinions name it 3 courts 1986–2022 1 in the last five years

The cases below were cited by Oregon courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (3)

CaseFollowedCited
Nearing v. Weavergreen
or · 1983 · cited in 3 Oregon opinions naming this issue, 1987–1994
2 sentences

1994Compare Nearing v. Weaver, supra, 295 Or at 710-11 .

1987Nearing v. Weaver, 295 Or. 702 , 670 P.2d 137 (1983).

13
Scovill v. City of Astoriagreen
orctapp · 1994 · cited in 1 Oregon opinions naming this issue, 1994–1994
1 sentence

1994We held that, in the absence of an immunity defense, a statutory tort claim under ORS 426.460 could be asserted in those circumstances, because, “like the Nearing statutes, ORS 426.460 is aimed at the protection of persons such as the decedent in her alleged condition in this case.” Scovill v. City of Astoria, supra, 129 Or App at 244.

11
Suess Builders Co. v. City of Beavertongreen
or · 1982 · cited in 1 Oregon opinions naming this issue, 1986–1986
2 sentences

1986See also Suess Builders v. City of Beaverton, 294 Or. 254 , 656 P.2d 306 (1982).

1986See also Suess Builders v. City of Beaverton, 294 Or. 254 , 656 P.2d 306 (1982).

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Oregon. Read the followed side critically anyway.

Also cited on this issue (6)

CaseCitedYears
State v. Gutierrez-Medina green
or · 2019
2 sentences

2022Indeed, the case law makes clear that the comparative-fault defense in ORS 31.600 is permitted not only in common-law negligence actions, but also applies to “ ‘actions based on tortious conduct, however described, in which contributory negligence is an appropriate defense.’ ” State v. Gutierrez-Medina, 365 Or 79, 85 , 442 P3d 183 (2019) (quoting Johnson v. Tilden, 278 Or 11, 17 , 562 P2d 1188 (1977)).

2022Indeed, the case law makes clear that the comparative-fault defense in ORS 31.600 is permitted not only in common-law negligence actions, but also applies to “ ‘actions based on tortious conduct, however described, in which contributory negligence is an appropriate defense.’ ” State v. Gutierrez-Medina, 365 Or 79, 85 , 442 P3d 183 (2019) (quoting Johnson v. Tilden, 278 Or 11, 17 , 562 P2d 1188 (1977)).

12022–2022
Johnson v. Tilden green
or · 1977
2 sentences

2022Indeed, the case law makes clear that the comparative-fault defense in ORS 31.600 is permitted not only in common-law negligence actions, but also applies to “ ‘actions based on tortious conduct, however described, in which contributory negligence is an appropriate defense.’ ” State v. Gutierrez-Medina, 365 Or 79, 85 , 442 P3d 183 (2019) (quoting Johnson v. Tilden, 278 Or 11, 17 , 562 P2d 1188 (1977)).

2022Indeed, the case law makes clear that the comparative-fault defense in ORS 31.600 is permitted not only in common-law negligence actions, but also applies to “ ‘actions based on tortious conduct, however described, in which contributory negligence is an appropriate defense.’ ” State v. Gutierrez-Medina, 365 Or 79, 85 , 442 P3d 183 (2019) (quoting Johnson v. Tilden, 278 Or 11, 17 , 562 P2d 1188 (1977)).

12022–2022
Deckard v. Bunch green
or · 2016
1 sentence

2016Deckard, 358 Or at 765-66 .

12016–2016
Brewer v. Erwin red
or · 1979
2 sentences

1988Brewer v. Erwin, 287 Or. 435 , 600 P.2d 398 (1979), held that the statement in ORS 91.725(1) of the RLTA "shall be so administered that an aggrieved party may recover appropriate damages" allowed a plaintiff to bring an action against a landlord for personal injuries.

1988Brewer v. Erwin, 287 Or. 435 , 600 P.2d 398 (1979), held that the statement in ORS 91.725(1) of the RLTA "shall be so administered that an aggrieved party may recover appropriate damages" allowed a plaintiff to bring an action against a landlord for personal injuries.

11988–1988
Solberg v. Johnson green
orctapp · 1988
2 sentences

1988Solberg v. Johnson, 90 Or App 90 , 750 P2d 1190 (1988).

1988Solberg v. Johnson, 90 Or App 90 , 750 P2d 1190 (1988).

11988–1988
Maddox v. Clackamas County School District No. 25 green
or · 1982
1 sentence

1986Maddox does not assist her; the court there expressly declined to decide whether the state could impose the statutory tort claim notice requirement on a section 1983 action prosecuted in state court, 293 Or. at 35, 643 P.2d 1253 , and said nothing that came any closer than that to being relevant to plaintiff's argument.

11986–1986

Statutes the citing opinions construe

OR § Or. Rev. Stat. § 133.310 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

OR 9 (1986–2022) CA 5 (1992–2022) TX 3 (2010–2015) AZ 2 (1998–2015) FL 2 (1982–1998) WY 2 (2003–2024)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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