M. K. F. v. Miramontes
287 P.3d 1045
| Or. | 2012Background
- Plaintiff filed ORS 30.866 petition seeking stalking protective order and compensatory damages for repeated unwanted sexual contact and reasonable apprehension.
- Trial court heard without a jury on all three claims and awarded a stalking order, $42,347.78 in damages, and attorney fees.
- Court of Appeals affirmed on other issues but rejected Plaintiff’s argument on jury trial right for damages.
- Oregon Supreme Court reverses on the damages issue and remands for a jury trial on compensatory damages.
- Court analyzes whether ORS 30.866 damages are legal or equitable relief and whether the constitutional right to a jury trial attaches to mixed legal-equitable claims.
- Remand instruction allows trial court to conduct a jury trial on damages, with possible sequencing considerations for the stalking order.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Plaintiff’s compensatory damages under ORS 30.866 require a jury trial. | Damages claim is equitable or not of like nature to common-law claims. | Damages claim is a legal remedy that warrants a jury trial. | Yes; damages claim is legal, entitling a jury trial. |
| Whether the right to a jury trial attaches to newly created statutory claims like ORS 30.866. | Statutory claim with new remedies is not inherently of like nature to common law. | Constitutional right extends to civil/at-law claims when properly categorized, even if statutory. | Right to jury trial depends on whether the relief is civil/at-law; ORS 30.866 damages are at law. |
| Whether the presence of an equitable stalking order affects the right to a jury trial on the damages claim. | Overall gist is equitable; incidental legal issues should not force a jury. | Law/Equity analysis must be issue-by-issue; legal claims still get jury if properly categorized. | Right to a jury on damages controls; mixed relief analyzed by relief type, not overall gist. |
Key Cases Cited
- Goodyear Tire & Rubber Co. v. Tualatin Tire & Auto, 322 Or 406 (1995) (resolve statutory vs. constitutional right to jury trial; require statutory intent standard before constitutional analysis)
- Dairy Queen, Inc. v. Wood, 369 U.S. 469 (1962) (mixed law and equity; right to jury on legal issues must be preserved; determine by nature of relief)
- Rexnord, Inc. v. Ferris, 294 Or 392 (1983) (joinder of law and equity; incidental vs. core rights; prior rule on punitive damages)
- Thompson v. Coughlin, 329 Or 630 (1999) (analysis of relief sought to determine whether a jury is warranted in mixed claims)
- McDowell, 345 Or 272 (2003) (when proper joinder creates mixed claims, jury rights depend on relief sought; some equitable issues may be decided without a jury)
- Cornelison v. Seabold, 254 Or 401 (1969) (narrowed to issue-specific approach; preliminary legal questions may be decided without a jury)
- Studebaker Touring Car v. McDowell, 120 Or 254 (1927) (constitutional reach of jury trial; nature of claim determines right to jury)
- Greist v. Phillips, 322 Or 281 (1995) (damages caps in wrongful death; right to jury trial analyzed with statutory limits)
- Hughes v. PeaceHealth, 344 Or 142 (2008) (limits on damages; right to jury trial not extended beyond statutory framework)