Litigation

No common law wrongful death claim in Oregon, high court rules

By Michael (Sam) Sandmire

In a much-anticipated ruling, the Oregon Supreme Court today in Hughes v. Peacehealth held that there is no common law wrongful death cause of action in Oregon.  Plaintiffs in numerous wrongful death cases over the years have argued in favor of a wrongful death claim outside of the statutory claim allowed under Oregon law. Today, the Supreme Court unequivocally ruled that no such claim existed at the time of the drafting of the Oregon Constitution in 1857. 

At issue in the case was whether the plaintiff could pursue--under a common law theory--non-economic damages in excess of the $500,000 limit imposed by statute.  Plaintiff argued that the limitation violates both Article 1, section 10 and section 17 of the Oregon Constitution.  Those sections protect remedies available at common law and the right to a jury trial, respectively.  Shooting down both arguments, the Court stated, "[T]he view expressed by this court in previous cases--that wrongful death in Oregon is purely statutory and has no secure basis in the common law as it existed in 1857--is correct."  You can access the opinon here.

Full post as published by Northwest Business Litigation Blog on February 22, 2008 (boomark / email).