Two recent rulings by the Oregon Supreme Court have altered the landscape of local government liability in that State.
The Oregon Supreme Court's decision in Johnson v. Gibson has changed recreational immunity protections available.
Before the case, recreational immunity protected both the owners of public lands and employees. The Supreme Court determined employees are not protected by recreational use immunity. As a result, cases within the State of Oregon that were completely blocked prior to Johnson may now proceed if the plaintiff names an employee of a landowner as a codefendant.
Oregon’s public entities and their employees prevailed, though, in the Court’s decision in Horton v. OHSU. In Horton, the Court ruled Oregon’s tort caps still stand to protect both local governments and government employees from excessive jury verdicts.
You can access additional information on Johnson v. Gibson and Horton v. OHSU published by AGRiP member pool CIS to its members.