CLARKE v. OREGON HEALTH SCIENCES UNIVERSITY 343 Or. 581, 175 P.3d 418 (2007) CASE BRIEF

CLARKE v. OREGON HEALTH SCIENCES UNIVERSITY

343 Or. 581, 175 P.3d 418 (2007)

NATURE OF THE CASE: This was an appeal by individual defendants over the issue of immunity from tort law suits.

FACTS: Clarke (P) was born in February 1998 with a congenital heart defect. He was admitted to OHSU (D) in May 1998 for the surgical repair of that condition. Following surgery, P was placed in a surgical intensive care unit. P suffered prolonged oxygen deprivation causing him permanent brain damage. P's brain damage was a result of the negligence of D and certain of its employees and agents. Plaintiff is permanently disabled. His expenses for total life and health care will amount to $11,073,506, the loss of his future earning capacity is $1,200,000, and his noneconomic damages are $5,000,000. P sued D and the individuals who treated him. Those individuals moved to substitute D as the sole defendant in the action. The trial court granted the motion, and P filed a second amended complaint naming only D as defendant. D admitted that it was negligent and that its negligence resulted in permanent injury to P. D also admitted that 'plaintiff sustained economic and noneconomic damages in excess of the monetary limitations of the Oregon Tort Claims Act as a result of the injuries caused by the negligence of OHSU.' D moved for judgment on the pleadings pursuant to ORCP 21 B, contending that the trial court should enter judgment in favor of P and against D in the amount of $200,000, D's maximum liability under ORS 30.270(1). The trial court granted D's motion. P appealed. The Court of Appeals rejected P's constitutional argument against D because, it concluded, D would have been immune from liability at common law. The Court of Appeals accepted P's constitutional argument with respect to the substitution of D as the sole defendant under ORS 30.265(1). The court reversed the trial court's judgment and remanded with instructions to reinstate the claims against the individual defendants. This appeal resulted.

ISSUE:

RULE OF LAW:

HOLDING AND DECISION:

LEGAL ANALYSIS:

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