ORS Chapter 31 - Oregon Statutes

Chapter 31 — TortActions

 

2009 EDITION

 

 

TORTACTIONS

 

SPECIALACTIONS AND PROCEEDINGS

 

SPECIALMOTION TO STRIKE

 

31.150       Specialmotion to strike; when available; burden of proof

 

31.152       Timefor filing special motion to strike; discovery; attorney fees

 

31.155       Exemptactions; substantive law not affected

 

DEFENSESGENERALLY

 

31.180       Certainfelonious conduct of plaintiff complete defense in tort actions; proof;exceptions

 

RULESGOVERNING PARTICULAR CLAIMS FOR RELIEF

 

(Defamation)

 

31.200       Liabilityof radio or television station personnel for defamation

 

31.205       Damagesrecoverable for defamation by radio, television, motion pictures, newspaper orprinted periodical

 

31.210       Whengeneral damages allowed

 

31.215       Publicationof correction or retraction upon demand

 

31.220       Effectof publication of correction or retraction prior to demand

 

31.225       Publisher’sdefenses and privileges not affected

 

(WrongfulUse of Civil Proceeding)

 

31.230       Wrongfuluse of civil proceeding; pleading; procedure

 

(ActionsAgainst Health Practitioners and Health Care Facilities)

 

31.250       Mandatorydispute resolution for certain actions against health practitioners and healthcare facilities

 

(ActionsAgainst Construction Design Professionals)

 

31.300       Pleadingrequirements for actions against construction design professionals

 

(ActionsAgainst Real Estate Licensees)

 

31.350       Pleadingrequirements for actions against real estate licensees

 

(ActionsArising From Injuries Caused by Dogs)

 

31.360       Proofrequired for claim of economic damages in action arising from injury caused bydog

 

ADVANCEPAYMENTS

 

31.550       “Advancepayment” defined

 

31.555       Effectof advance payment; payment as satisfaction of judgment

 

31.560       Advancepayment for death or personal injury not admission of liability; when advancepayment made

 

31.565       Advancepayment for property damage not admission of liability

 

COLLATERALBENEFITS

 

31.580       Effectof collateral benefits

 

COMPARATIVENEGLIGENCE

 

31.600       Contributorynegligence not bar to recovery; comparative negligence standard; third partycomplaints

 

31.605       Specialquestions to trier of fact; jury not to be informed of settlement

 

31.610       Liabilityof defendants several only; determination of defendants’ shares of monetaryobligation; reallocation of uncollectible obligation; parties exempt fromreallocation

 

31.615       Setoffof damages not allowed

 

31.620       Doctrinesof last clear chance and implied assumption of risk abolished

 

DAMAGES

 

(EconomicDamages)

 

31.700       Rightto include medical expenses paid by parent or conservator in action to recoverfor damages to child; effect of consent to inclusion

 

(VerdictForm)

 

31.705       Economicand noneconomic damages separately set forth in verdict

 

(NoneconomicDamages)

 

31.710       Noneconomicdamages; award; limit; “economic damages” and “noneconomic damages” defined

 

31.715       Limitationon recovery of noneconomic damages arising out of operation of motor vehicle;uninsured plaintiff; plaintiff driving under influence of intoxicants

 

(PunitiveDamages)

 

31.725       Pleadingpunitive damages; motion to amend pleading to assert claim for punitivedamages; hearing

 

31.730       Standardsfor award of punitive damages; required review of award by court; additionalreduction of award for remedial measures

 

31.735       Distributionof punitive damages; notice to Department of Justice; order of application

 

31.740       Whenaward of punitive damages against health practitioner prohibited

 

(Mitigationof Damages)

 

31.760       Evidenceof nonuse of safety belt or harness to mitigate damages

 

CONTRIBUTION

 

31.800       Rightof contribution among joint tortfeasors; limitations; subrogation of insurer;effect on indemnity right

 

31.805       Basisfor proportional shares of tortfeasors

 

31.810       Enforcementof right of contribution; commencement of separate action; barring right ofcontribution; effect of satisfaction of judgment

 

31.815       Covenantnot to sue; effect; notice

 

31.820       Severability

 

ASSIGNMENTOF CAUSE OF ACTION AGAINST INSURER

 

31.825       Assignmentof cause of action against insurer

 

CHOICEOF LAW FOR TORTS AND OTHER NONCONTRACTUAL CLAIMS

 

(Definitions)

 

31.850       Definitions

 

(Applicability)

 

31.855       Applicability

 

(PreliminaryIssues)

 

31.860       Characterization

 

31.862       Localizationand other factual determinations

 

31.865       Determiningdomicile

 

(ClaimsGoverned by Oregon Law)

 

31.870       Claimsgoverned by Oregon law

 

31.872       Productliability civil actions

 

(Choiceof Law)

 

31.875       Generalrules

 

31.878       Generaland residual approach

 

31.880       Jointtortfeasors and third parties

 

31.885       Agreementson applicable foreign law

 

31.890       Commentary

 

ABOLISHEDCOMMON LAW ACTIONS

 

31.980       Actionfor alienation of affections abolished

 

31.982       Actionfor criminal conversation abolished

 

      31.010 [Repealed by1981 c.898 §53]

 

      31.020 [Repealed by1981 c.898 §53]

 

      31.030 [Repealed by1981 c.898 §53]

 

      31.040 [Repealed by1981 c.898 §53]

 

      31.050 [Renumbered652.500]

 

SPECIALMOTION TO STRIKE

 

      31.150Special motion to strike; when available; burden of proof. (1) A defendantmay make a special motion to strike against a claim in a civil action describedin subsection (2) of this section. The court shall grant the motion unless theplaintiff establishes in the manner provided by subsection (3) of this sectionthat there is a probability that the plaintiff will prevail on the claim. Thespecial motion to strike shall be treated as a motion to dismiss under ORCP 21A but shall not be subject to ORCP 21 F. Upon granting the special motion tostrike, the court shall enter a judgment of dismissal without prejudice. If thecourt denies a special motion to strike, the court shall enter a limitedjudgment denying the motion.

      (2)A special motion to strike may be made under this section against any claim ina civil action that arises out of:

      (a)Any oral statement made, or written statement or other document submitted, in alegislative, executive or judicial proceeding or other proceeding authorized bylaw;

      (b)Any oral statement made, or written statement or other document submitted, inconnection with an issue under consideration or review by a legislative,executive or judicial body or other proceeding authorized by law;

      (c)Any oral statement made, or written statement or other document presented, in aplace open to the public or a public forum in connection with an issue ofpublic interest; or

      (d)Any other conduct in furtherance of the exercise of the constitutional right ofpetition or the constitutional right of free speech in connection with a publicissue or an issue of public interest.

      (3)A defendant making a special motion to strike under the provisions of thissection has the initial burden of making a prima facie showing that the claimagainst which the motion is made arises out of a statement, document or conductdescribed in subsection (2) of this section. If the defendant meets thisburden, the burden shifts to the plaintiff in the action to establish thatthere is a probability that the plaintiff will prevail on the claim bypresenting substantial evidence to support a prima facie case. If the plaintiffmeets this burden, the court shall deny the motion.

      (4)In making a determination under subsection (1) of this section, the court shallconsider pleadings and supporting and opposing affidavits stating the factsupon which the liability or defense is based.

      (5)If the court determines that the plaintiff has established a probability thatthe plaintiff will prevail on the claim:

      (a)The fact that the determination has been made and the substance of thedetermination may not be admitted in evidence at any later stage of the case;and

      (b)The determination does not affect the burden of proof or standard of proof thatis applied in the proceeding. [Formerly 30.142; 2009 c.449 §1]

 

      Note: Section 2,chapter 449, Oregon Laws 2009, provides:

      Sec.2.The amendments to ORS 31.150 by section 1 of this 2009 Act apply only tospecial motions to strike filed under ORS 31.150 on or after the effective dateof this 2009 Act [January 1, 2010]. [2009 c.449 §2]

 

      31.152Time for filing special motion to strike; discovery; attorney fees. (1) A specialmotion to strike under ORS 31.150 must be filed within 60 days after theservice of the complaint or, in the court’s discretion, at any later time. Ahearing shall be held on the motion not more than 30 days after the filing ofthe motion unless the docket conditions of the court require a later hearing.