Oregon Supreme Court News

Oregon Supreme Court Finds Treatment Can be Compensable for Injuries not Accepted

The Oregon Supreme Court reversed both the Workers’ Compensation Board and the Court of Appeals and ruled that an injured worker was entitled to diagnostic services by a psychologist even though no psychological injury had been accepted by the insurer. …

Oregon Supreme Court Decides the Meaning of ‘Recovery’ for Claims Under ORS §742.061

Under ORS §742.061, insurance companies are required to pay their insured’s attorney’s fees in Oregon if, in the insured’s lawsuit brought against the insurer, the insured obtains a “recovery” that exceeds the amount of any tender made by the insurance …

Oregon Supreme Court Allows Bystander Lawsuit to Proceed

The Oregon Supreme Court on Thursday allowed a lawsuit to proceed that was filed on behalf of two boys who witnessed their younger brother hit and killed by a pickup truck five years ago. The decision was a reversal of …

Oregon Supreme Court Finds That Covenants Not to Execute are Not Releases

Insuring clauses of many insurance policies obligate the insurance company to indemnify the insured for sums that the insured is “legally obligated to pay as damages …” Long ago, insurance company challenged covenants not to execute that were used as …

Oregon High Court Rules Injured Snowboarder Can Sue

The Oregon Supreme Court ruled Thursday a ski resort’s broad liability waiver cannot prevent a paralyzed snowboarder from suing. The justices ruled that the liability waiver was “unconscionable” and contrary to public policy, potentially opening the door for more people …

Oregon Court Rules City Not Liable for Sewage Spill

Sharon Dunn heard a roar, felt her house shake and watched a sludgy goo of brown-gray sewer water ooze out of her toilet and bathroom sink. It kept coming, dripping from her ceiling, forming a mass 3 inches high that …

Oregon High Court Upholds Noneconomic Award

The family of a baby who sustained nerve injuries as a result of negligence by a Lane County medical practice should be able to collect the full $1.375 million in noneconomic damages awarded by a jury in 2008, the Oregon …