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NEHER v. CHARTIER

A9112-08001; CA A87545.

923 P.2d 653 (1996)

142 Or. App. 534

Gary NEHER, Personal Representative of the Estate of Julie Neher, Deceased, Appellant-Cross-Respondent, v. Larry Lee CHARTIER, Respondent, Cross-Appellant, and Tri-County Metropolitan Transportation District of Oregon, a municipal corporation, doing business under the assumed business name of Tri-Met, Defendant-Cross-Appellant.

Court of Appeals of Oregon.

Decided August 21, 1996.

Attorney(s) appearing for the Case

Elden M. Rosenthal, Portland, argued the cause for appellant—cross-respondent. With him on the briefs were B. Carlton Grew and Rosenthal & Greene, P.C.

John R. Faust, Jr., Portland, argued the cause for respondent—cross-appellant and defendant—cross-appellant. With him on the brief was Schwabe, Williamson & Wyatt.

Before RIGGS, P.J., and DEITS and LEESON, JJ.

RIGGS, Presiding Judge.

In this action for wrongful death, the issues are whether the trial court erred in holding that the liability cap contained in the 1989 version of the Oregon Tort Claims Act (OTCA), ORS 30.270, applied to a claim brought against a public employee and whether the court erred in concluding that a calculation of the pecuniary loss to the decedent's estate was a form of "special" damages under the OTCA. We affirm.

On June 17, 1991, Julie...

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