ORS 30.300¹

ORS 30.260 to 30.300 exclusive

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)