While this case is not specifically related to the development industry, we believe the constitutional issues will be important to this blog’s audience and our public sector clients.
In May 2016, the Oregon Supreme Court upheld a controversial statutory cap on damages recoverable from state agencies and employees, in the process overruling two important Oregon cases. The decision in Horton v. OHSU changes the landscape for courts analyzing legislative limits on damages and other remedies. More than anything else, it protects the limited liability of public entities and their employees.
Horton involved a six-month-old boy, Tyson Horton, who underwent an operation at OHSU. The doctors cut across blood vessels, requiring Horton to undergo a liver transplant and additional surgeries. In 2013, a jury awarded $12 million to Horton.