The opinion
PER CURIAM
Following an alcohol-related automobile accident, plaintiff sued defendant for damages stemming from injuries to his left leg. The trial court found that plaintiff had sustained economic damages of $1,344,000 and noneconomic damages of $750,000. The court limited plaintiffs noneconomic damages to $500,000 pursuant to ORS 18.560(1), which provides, in part:
“Except for claims subject to ORS 30.260 to 30.300 and ORS chapter 656, in any civil action seeking damages arising out of bodily injury * * * the amount awarded for noneconomic damages shall not exceed $500,000.”
We subsequently declared that statutory damage cap unconstitutional as applied to common-law rights of action of the sort at issue in this case. Lakin v. Senco Products, Inc., 144 Or App 52, 79 , 925 P2d 107 (1996), rev allowed 325 Or 438 (1997); Tenold v. Weyerhaeuser Co., 127 Or App 511, 524-25 , 873 P2d 413 , rev dismissed 321 Or 561 (1995). Accordingly, the court erred in reducing the amount of plaintiff s noneconomic damages from $750,000 to $500,000.
Reversed and remanded for entry of modified judgment in the amount of $750,000 on plaintiffs noneconomic damages; otherwise affirmed.