JENSEN v. WHITLOW

(USDC CV99-1679 BR; SC S48130).

51 P.3d 599 (2002)

334 Or. 412

Tonenia JENSEN, as guardian for Vanessa Gurkin, a child, Plaintiff, v. Clifford WHITLOW, Cubazell O'Neill, Kathleen M. Powers, Ruth Marten, Mike Lutz, William Hedges, and Hedges & Mitchell, PC, an Oregon corporation, Defendants.

Supreme Court of Oregon, En Banc.

Decided August 8, 2002.


Attorney(s) appearing for the Case

Kathryn Hall Clarke, Portland, argued the cause for plaintiff. Mark Morrell, Portland, filed the brief for plaintiff.

Robert M. Atkinson, Assistant Attorney General, Salem, argued the cause for defendants. With him on the brief were Hardy Myers, Attorney General, and Michael D. Reynolds, Solicitor General.

Jonathan M. Radmacher, Portland, waived appearance for defendants Hedges, and Hedges & Mitchell, PC.

Maureen Leonard and Kathryn Hall Clarke, Portland, filed a brief on behalf of amicus curiae Oregon Trial Lawyers Association.

Gerald H. Itkin, and Thomas Sponsler, County Attorney, Portland, filed a brief on behalf of amicus curiae Multnomah County.

William F. Gary, Jerome Lidz, James E. Mountain, Jr., and Harrang Long Gary Rudnick PC, Eugene, filed a brief on behalf of amicus curiae Oregon Health and Science University.

Harry Auerbach, Senior Deputy City Attorney, Portland City Attorney's Office, Portland, filed a brief on behalf of amicus curiae League of Oregon Cities.


DE MUNIZ, J.

This court accepted certification of the following questions from the United States District Court for the District of Oregon:

"1. Does the limitation of causes of action for a tort committed by an agent of a public body to a cause of action against only the public body violate Article I, section 10, of the Oregon Constitution? "2. Does the limitation of causes of action for a tort committed by an agent of a public body to a cause of...

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