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HomeMy WebLinkAboutTort Claims Act UpdateDate: October 22, 2008 To: Board of County Commissioners From: Erik Kropp, Deputy County Administrator Re: Oct. 29, 2008 Work Session Item: Oregon Tort Claims Act Update The October 29, 2008 Work Session includes an update on proposals related to the Oregon Tort Claim Act. The Oregon Tort Claim Act limits the liability of governments. An Oregon Court of Appeals decision in Clarke vs. OHSU ruled that the statutory "cap" on damages is unconstitutional, which has left the Tort Claim Act in limbo. The case involved a child treated at OHSU who was left with permanent brain injury and economic damages in excess of $11 million. The Court ruled that the Tort Claim Act cap of $500,000 did not provide the family with a substantial remedy guaranteed by the Oregon constitution. A Joint Legislative Task Force was formed and asked to make a recommendation to the Legislature. The Task Force includes: Senate Members: House Members: Non -Legislative Members: Flyod Prozanski, Co-chair Greg Macpherson, Co- Chair Bill Blair, Washington County Counsel Doug Whitsett Wayne Krieger Richard Lane, OTLA Suzanne Bonamici Jeff Barker Steve Stadum, OHSU Jeff Kruse Sara Gelser Maribeth Healey, Exec. Dir. Of Oregonians for Health Security Vicki Walker Dennis Richardson Attached is a summary of the proposals the Task Force is considering. Changes to the Tort Claim Act will increase the County's insurance premiums and liability exposure. At the work session, I will ask the BOCC to direct staff to write a letter to the Task Force outlining the County's position on this issue. c: Dave Kanner, County Administrator Oregon Tort Claims Act and Proposed Legislation Counsel Assigned to OTCA Task Force proposal aouaun000 .rad 000`00S$ wurelo sad 000`001$ E a) ? o k \ § 0as k 0 * * Q .§ \ 7 c § 0 { 0 A k / c 0 o 2 % k -, ƒ 7 CPI up to 2% * * * CPI up 2% applied to State Gov't & OHSU after 5 years July 1, 2009 Local Government proposal (submitted by Bill Blair) $100,000 per claim $500,000 per occurrence o E T k� c — E[ ctr, = 7 0 d co 0 a) ( .2 g 0 E § u \ \ 0 0 /: 0 a) c§ �^ o § ( .2 % 8 / 0 § & E 0 o u 7 Per claim: 2% annually starting July 1, 2010 Per occurrence: 2% annually starting July 1, 2010 July 1, 2009 Agreement between OHSU and Oregon Trial Lawyers Association Included in caps below E© as § 0 k 9S- ) k a)• ( %6 9S- Per claim: $100,000 per year until $2.0 million July 2014; 4% each year after 2015 Per occurrence: $200,000 per year until $4.0 million July 2014; 4% per year after 2015 December 28, 2007 Oregon Tort Claim Act (pre -Clarke vs. OHSU) •2 o 0 a. c ? o ER \ 0 \ o \ ? c ? ER 7.5 $. \ ? c ? ER \ a) 0 0 K ? c ? in No increases ; Cap on property damage -examples include damage to vehicles, buildings, etc. o u / •§ § k „ƒ 2- 'E ./ ƒ 0o © k f / / o / •% g 0 /ƒ • \ §--a3 A •/ § % 'E 9. z / § ƒ 'B / } (\ \ Increases Effective date