# Davidson v. Brown

> Court of Appeals of Oregon · July 15, 1998 · 155 Or. App. 256

URL: https://www.frixlaw.com/law-library/cases/6943338

## Case

- **Full name:** Michael D. DAVIDSON v. Frank L. BROWN and Carol L. Brown, dba Ashworth's Market, and Lynn A. OSBORNE
- **Court:** Court of Appeals of Oregon
- **Decided:** July 15, 1998
- **Citations:** 155 Or. App. 256; 958 P.2d 909; 1998 Ore. App. LEXIS 1243
- **Precedential status:** Published
- **Opinion:** Opinion of the court
- **Judges:** Armstrong, Landau, Riggs
- **Cited by:** 0 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/6943338

## Opinion text

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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/6943338. Public record. Not legal advice.