Lori HORTON, as guardian ad litem and Conservator of and for T.H., a Minor, Plaintiff-Respondent, and
Lori Horton, individually; and Steve Horton, Plaintiffs,
v.
OREGON HEALTH AND SCIENCE UNIVERSITY, a Public Corporation, Defendant, and
Marvin Harrison, M.D., Defendant-Appellant, and
Pediatric Surgical Associates, P.C., an Oregon Professional Corporation; and Audrey Durrant, M.D., Defendants.
Supreme Court of Oregon.https://leagle.com/images/logo.png
Argued and Submitted November 6, 2014.
Decided May 5, 2016.
Attorney(s) appearing for the Case
Roy Pulvers, Holland & Knight, LLP, Portland, argued the cause and filed the briefs on behalf of appellant. With him on the briefs were Janet M. Schroer, Hart Wagner LLP.
Maureen Leonard, Portland, argued the cause and filed the brief on behalf of respondent. With her on the brief were David K. Miller and Robert S. Wagner, Miller & Wagner LLP, Portland.
Kimberley Sewell, Tri-County Metropolitan Transportation District of Oregon, Portland, filed the brief for amicus curiae Tri-County Metropolitan Transportation District of Oregon.
Keith M. Garza, Oak Grove, filed the brief for amicus curiae Governor John Kitzhaber, M.D.
Harry Auerbach, Chief Deputy City Attorney, Portland, filed the brief for amici curiae League of Oregon Cities and Association of Oregon Counties.
Lindsey H. Hughes, Keating Jones Hughes, P.C., Portland, filed the brief for amicus curiae Oregon Medical Association. With her on the brief were Hillary A. Taylor and Tamara X. Arthur.
Thomas W. McPherson, Mersereau Shannon, LLP, Portland, filed the brief for amici curiae Oregon School Boards Association, Citycounty Insurance Services, Special Districts Association of Oregon, University of Oregon, Oregon State University, and Portland State University.
Travis Eiva, The Corson & Johnson Law Firm, Eugene, filed the brief for amicus curiae Oregon Trial Lawyers Association.
Before BALMER, Chief Justice, and KISTLER, WALTERS, LANDAU, BALDWIN, and BREWER, Justices, and LINDER, Senior Justice pro tempore.
KISTLER, J.
The question that this case presents is whether a statute limiting a state employee's tort liability violates either the remedy clause of Article I, section 10, of the Oregon Constitution or the jury trial clauses of Article I, section 17, and Article VII (Amended), section 3, of the Oregon Constitution. The trial court held that the...
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