Related Topics ► Other TopicsOregon Mesothelioma Lawyer and Legal Information
The state of Oregon determines liability using a modified comparative fault - 51% system. Under the system used in the Oregon courts, a plaintiff can only recover damages if it is determined that they are less than 51% at fault in causing their own injury. If the injured party is greater than 50% at fault, they recover nothing. If the plaintiff is found to be less than 51% at fault in their injury, they can still recover compensatory damages, but any damages awarded will be reduced in proportion to the percentage of their fault. In a case where the jury determines that the plaintiff is 10% at fault in causing their injury and damages amounting to $100,000, the plaintiff can recover $98,000.
The Oregon courts use a modified joint and several liability approach in entering judgment in cases with more than one defendant. Cases involving hazardous substances and pollution fall under joint and several liability. Most other cases fall under several liability only, but if the court determines within a year of the judgment that the plaintiff is unable to collect from one of the defendants, their portion will be reapportioned among the remaining defendants.
Oregon law allows punitive damages, but the plaintiff must present clear and convincing evidence that the defendants' actions were malicious and intentional. Caps may apply based on the actual behavior of the defendants.
Oregon Asbestos Litigation
Not all asbestos related lawsuits are occasioned by mesothelioma or other asbestos-related diseases. In a recent lawsuit filed in the Oregon courts, the Salem-Keizer school district brought suit against the contractor that removed asbestos from a local school. The contractor, according to the lawsuit, did not follow approved procedures and as a result, the school suffered two separate asbestos exposures that cost over $200,000 to clean up. The district filed suit to recover $226,000 in compensation and damages.
Other significant Oregon asbestos litigation include product liability, workers compensation and personal injury/negligence cases.
1993- Marlene Purcell v. Asbestos Corp LTD et al: In an early Oregon asbestos case, nine of twelve defendants settled before trial. A tenth defendant was removed from the case because the plaintiff did not sufficiently identify the defendant's product. The two remaining defendants were E.J. Bartells and Owens-Corning. Jury awarded $307,000 in compensatory damages, $1.5 million in non-economic damages and $3 million in punitive damages.
Verdict: Plaintiff, $4.8 million
1999 - Bush v. Anchor Packing et al: All defendants but one settled or were dismissed from the case. The remaining defendant, Kaiser Gypsum, was judged responsible for causing asbestosis in the plaintiff.
Verdict: Plaintiff, $1.5 million, including $600,000 for fear of future illness
State Index
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