ORS
30.300¹
ORS 30.260 to 30.300 exclusive
ORS 30.260 (Definitions for ORS 30.260 to 30.300) to 30.300 (ORS 30.260 to 30.300 exclusive) are exclusive and supersede all home rule charter provisions and conflicting laws and ordinances on the same subject. [1967 c.627 §11]
Notes of Decisions
Dismissal of action for personal injuries was improper where based solely upon allegations of complaint and allegations did not state sufficient facts for court to determine whether particular governmental act was discretionary function or duty. Hulen v. City of Hermiston, 30 Or App 1141, 569 P2d 665 (1977)
Where plaintiff was mistakenly arrested following computer retrieval of identifying and locator data for individual of similar name, demurrer as to three of defendants was properly sustained because plaintiff failed to allege sufficient facts from which duty to plaintiff could be discerned, and summary judgment as to two of defendants was improperly allowed because affidavits did not reveal whether defendant's acts were discretionary or ministerial. Murphy v. City of Portland, 36 Or App 745, 585 P2d 732 (1978)
Complaint allegation that plaintiff submitted application for building permit in proper form was sufficient to allow prosecution of claim against public officer. Dykeman v. State, 39 Or App 629, 593 P2d 1183 (1979)
Even if Children's Services Division's failure to follow required APA rulemaking procedures could constitute tort within meaning of these sections, CSD was immune from tort liability under ORS 30.265 (Scope of liability of public body, officers, employees and agents) (3)(f) where it terminated its benefit program without prior rulemaking procedures. Burke v. Children's Services Division, 288 Or 533, 607 P2d 141 (1980)
Actions brought under 42 U.S.C. 1981 are subject to two-year statute of limitations of Tort Claims Act. Loiseau v. Dept. of Human Resources, 558 F Supp 521 (1983)
Where police officer pursued plaintiff in marked police car with lights and siren activated in area defendant was assigned to patrol, with no known motive other than to fulfill duty as police officer, trial court was correct in concluding that defendant was acting in course and scope of employment, despite plaintiff's claim that defendant's acts were excessive. Brungardt v. Barton, 69 Or App 440, 685 P2d 1021 (1984)
Plaintiff in 42 U.S.C. 1983 action brought under the Oregon Tort Claims Act against municipality for actions of its employes need not show that employes acted according to "custom or usage" as in federal §1983 action. Haase v. City of Eugene, 85 Or App 107, 735 P2d 1258 (1987)
Limitations of Oregon Tort Claims Act do not apply to claims brought in state court alleging violation of federal Civil Rights Act. Rogers v. Saylor, 306 Or 267, 760 P2d 232 (1988)
Mayor was immune from liability in tort claim under this section where former chief of police brought tort action in connection with her removal from office. Harrington v. City of Portland, 708 F Supp 1561 (D. Or. 1988)
Where plaintiffs brought action under 42 U.S.C 1983 and this section after defendant Children's Services Division employees removed plaintiff's child from home following reports of abuse, defendants are entitled to absolute immunity under this section for their discretionary acts as provided by ORS 30.265 (Scope of liability of public body, officers, employees and agents) (3). Tennyson v. Children's Services Division, 308 Or 80, 775 P2d 1365 (1989)
There is no legislative purpose to extend definition of "agent" to control to include ostensible agent when doctrine of apparent authority is intended to achieve different purpose. Giese v. Bay Area Health District, 101 Or App 410, 790 P2d 1198 (1990), Sup Ct review denied
Because there was evidence that resident was not hospital's agent in first place, fact that "loaned servant" doctrine does not eliminate agency relationship between hospital and employee who assists physician in surgery did not give plaintiff grounds for directed verdict. Shepard v. Sisters of Providence, 102 Or App 196, 793 P2d 1384 (1990)
Completed Citations
State Forester v. Umpqua R. Nav. Co., 258 Or 10, 478 P2d 631 (1970), cert. denied, 404 US 826 (1971)
Atty. Gen. Opinions
Liability of members of the State Water Resources Board for damages of party adversely affected by reclassification, (1972) Vol 36, p 250; faculty members scope of employment, (1975) Vol 37, p 911; state liability for negligent operation by drivers of state-owned vehicles in authorized car pool, (1978) Vol 39, p 101; State Accident Insurance Fund Corporation as public body, (1980) Vol 40, p 344; Use of Liability Fund balances to pay cost of claims for which date of loss precedes authorized implementation date of state self-insurance program, (1981) Vol 41, p 329; Department of Veterans Affairs fee appraisers and inspectors as agents of state for purposes of tort liability, (1981) Vol 42, p 103; CPAs and PAs volunteering services to investigate and review complaints against accountancy licensees as employes or agents of public body, (1983) Vol 43, p 145; Cause of action under Oregon Tort Claims Act for declarative or injunctive relief or for violation of federal statute, (1985) Vol. 44, p 416; Oregon Medical Insurance Pool, board, members, employes and agents immune from tort claims, (1989) Vol 46, p 155; director and other state employes are covered by Oregon Tort Claims Act, (1989) Vol 46, p 155; various persons have immunity from prosecution for criminal acts committed in carrying out pool programs, (1989) Vol 46, p 155
Law Review Citations
53 OLR 371 (1974); 23 WLR 493, 507 (1987); 69 OLR 157 (1990); 38 WLR 657 (2002)
-
1.550
Private counsel for judges -
9.010
Status of attorney and Oregon State Bar -
17.095
Prohibition of confidential settlements and compromises -
30.260
Definitions for ORS 30.260 to 30.300 -
30.261
Limitation on applicability of ORS 30.260 to 30.300 to certain private, nonprofit organizations -
30.262
Certain nonprofit facilities and homes public bodies for purposes of ORS 30.260 to 30.300 -
30.264
Liability insurance for students involved in off-campus experiential activities -
30.265
Scope of liability of public body, officers, employees and agents -
30.267
Liability for certain medical treatment at Oregon Health and Science University facilities -
30.268
Liability for certain medical treatment at facilities other than Oregon Health and Science University -
30.270
Amount of liability -
30.275
Notice of claim -
30.282
Local public body insurance -
30.290
Settlement of claims by local public body -
30.295
Payment of judgment or settlement -
30.297
Liability of certain state agencies for damages caused by foster child or youth offender -
30.298
Liability of certain state agencies to foster parents for injury or damage caused by foster child or youth offender -
30.302
Certain retired physicians to be considered agents of public bodies -
30.320
Contract and other actions and suits against governmental units -
30.864
Action for disclosure of certain education records -
31.710
Noneconomic damages -
79.0528
Liability of Secretary of State -
131.900
Liability for medical expenses for person restrained, detained or taken into custody -
146.088
When medical examiner is officer or employee of public body -
166.422
Enforcement of ORS 166.412 -
169.153
Liability of public agency for costs of medical care provided to persons in transport -
169.166
Liability for costs of medical services -
179.505
Disclosure of written accounts by health care services provider -
182.460
Statutory provisions applicable to semi-independent state agencies -
243.482
Immunity of governmental agencies from liability for plan administration or investment of funds -
278.120
Claims management -
278.125
Purchase of insurance -
278.315
Liability insurance for county or private community care providers -
278.320
Application of government tort law to claims against private community care providers -
278.425
Insurance Fund -
284.118
Commission exempt from certain financial administration laws -
338.115
Applicability of laws -
353.117
Creation of tax-exempt entity by university -
377.836
Application of certain statutes to Travel Information Council -
391.306
Columbia River Light Rail Transit Compact -
401.515
Nonliability for emergency services -
401.667
Agency of emergency health care providers and emergency health care facilities for purposes of ORS 30.260 to 30.300 -
409.360
Authorization to establish volunteer program -
410.602
Home Care Commission -
430.673
Mediation -
441.289
Powers and duties of trustee -
453.384
Immunity of team members from liability -
477.125
Liability of forest protective associations, rangeland protection associations and public bodies -
576.304
Authority of commodity commissions -
646.473
Conflicting tort, restitution or other law providing civil remedies -
656.327
Review of medical treatment of worker -
659.860
Enforcement of ORS 659.850 -
684.185
Peer review committees -
685.205
Peer review committee -
742.400
Duty to report claim of professional negligence to licensing board -
742.504
Required provisions of uninsured motorist coverage
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent. Currency Information