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FINNEY v. BRANSOM

CC 93-3808-L-2; CA A84924; SC S43728, S43807.

953 P.2d 377 (1998)

326 Or. 472

Richard FINNEY and Kathleen Finney, individually and as guardians of Christy Finney, a minor Child, Respondents on Review, v. Doyle H. BRANSOM, Petitioner on Review, and Eagle Point School District 9, a Public School District, Respondent. Richard FINNEY and Kathleen Finney, individually and as guardians of Christy Finney, a minor Child, Petitioners on Review, v. Doyle H. BRANSOM and Eagle Point School District 9, a Public School District, Respondents on Review.

Supreme Court of Oregon.

Decided March 5, 1998.

Reconsideration Denied April 14, 1998.

Attorney(s) appearing for the Case

Peter Mersereau, of Mersereau & Shannon, Portland, argued the cause for petitioner on review/respondent on review, Doyle H. Bransom. Thomas W. McPherson, Portland, filed the petition.

William S. Dames, of Dames & Dames, Medford, argued the cause for petitioners on review, Richard and Kathleen Finney. Kenneth M. Jaffee, Medford, filed the petition.

Lisa Lear, of Bullivant, Houser, Bailey, Pendergrass & Hoffman, Portland, argued the cause for respondent on review, Eagle Point School District 9. With her on the brief were Chrys A. Martin, and Karen M. Vickers, Portland.

Phil Goldsmith, Portland, filed the brief for amicus curiae Oregon Trial Lawyers Association.

Before CARSON, C.J., and GILLETTE, VAN HOOMISSEN, GRABER, DURHAM and KULONGOSKI, JJ.

GILLETTE, Justice.

This is an action by parents of a Jackson County schoolchild who allegedly was sexually abused by her eighth grade health teacher. Plaintiffs seek compensation from the teacher and from the school district that employed him for the injuries resulting from that abuse. At the trial level, both defendants prevailed on summary judgment motions. On appeal, the Court of Appeals reversed with respect to one defendant—the teacher—but otherwise...

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