496 P.3d 652
Or. Ct. App.2021Background
- Burley sued Clackamas County for whistleblower retaliation under ORS 659A.199 and ORS 659A.203; a jury awarded $386,916 in noneconomic damages.
- Burley sought $878,327.50 in attorney fees under ORS 659A.885; the County argued the OTCA liability cap in ORS 30.272 applied.
- ORS 30.272(1)(c) limits application to claims that “arise out of a single accident or occurrence”; subsection (2)(f) then capped liability at $666,700 for claims in the relevant time frame.
- The trial court reduced Burley’s fee award and denied post-judgment interest so the total recovery equaled the $666,700 OTCA cap.
- Burley appealed, arguing her claim arose from successive acts over years and therefore did not arise from a “single accident or occurrence.”
- The Court of Appeals affirmed, holding the phrase refers to a single tort (which can be a course of conduct), so the statutory cap applied and the trial court did not err.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Meaning of “single accident or occurrence” in ORS 30.272 | "Single accident or occurrence" means one solitary event, not a multi‑episode course of conduct | Phrase denotes a single tort; a tort can originate in a course of conduct over time | Affirmed: phrase equates to a single tort; course‑of‑conduct torts fall within the phrase |
| Applicability of OTCA cap to fees and interest | Fees and post‑judgment interest should not be reduced unless claim arises from a solitary event | OTCA cap covers damages, attorney fees, and related awards for claims that arise from a single tort | Affirmed: liability limit applies to attorney fees and costs (and thus affected interest); reduction was proper |
Key Cases Cited
- Dowers Farms v. Lake County, 288 Or 669 (accident or occurrence may be read as “the tort”)
- Griffin v. Tri‑Met, 318 Or 500 (OTCA liability limit applies to attorney fees in claims arising over time)
- PGE v. Bureau of Labor & Industries, 317 Or 606 (framework for statutory construction)
- State v. Gaines, 346 Or 160 (statutory construction principles)
- OR‑OSHA v. CBI Services, Inc., 356 Or 577 (presumption of ordinary meaning absent contrary evidence)
- Horton v. OHSU, 359 Or 168 (recognition of OTCA legislative purpose to preserve public fiscal stability)