Morehouse v. Haynes
253 P.3d 1068
| Or. | 2011Background
- Morehouse sued Haynes for injuries from a head-on collision on Highway 219; plaintiff uninsured, so ORS 31.715 bars noneconomic damages unless an exception applies by ORS 31.715(5)(c).
- Defendant moved for partial summary judgment on noneconomic damages; trial court granted, finding no genuine issue of recklessness.
- Parties settled economic damages; trial court entered a general judgment for defendant based on summary judgment.
- Court of Appeals divided en banc affirmed; this Court reverses and remands for further proceedings.
- Evidence: road signs, advisory speeds, and a sharp curve; defendant drove 45–50 mph into a curvy, familiar stretch; he looked away to adjust his radio before the collision.
- Issue is whether the record shows no genuine issue of material fact that Haynes recklessly drove under ORS 811.140/161.085, justifying the exception to uninsured motorist damages.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the record supports recklessness under ORS 161.085(9). | Morehouse argues defendant knew of the curve and risks, consciously disregarding them. | Morehouse contends defendant was negligent, not reckless; no conscious disregard shown. | Yes; material facts could support recklessness. |
| Whether the majority’s reliance on guest passenger cases is appropriate. | Plaintiff argues statutory recklessness should govern, not guest passenger precedent. | Defendant argues that those cases are controlling for recklessness assessment. | Record raises issues beyond those precedents; jury could find recklessness. |
Key Cases Cited
- Burghardt v. Olson, 223 Or. 155 (1960) (gross negligence standard; not enough to prove recklessness on similar facts)
- Bland v. Williams, 225 Or. 193 (1960) (radio adjustment not reckless where facts show mere distraction)
- State v. Crosby, 342 Or. 419 (2007) (defines reckless for purposes of ORS 161.085(9) as aware of and consciously disregard substantial risk)
- State v. Rose, 311 Or. 274 (1991) (mental-state inference; recklessness often proven by circumstantial evidence)
- State v. Mejia, 348 Or. 1 (2010) (civil judgment standard; summar y judgment when no reasonable juror could decide)
- Williamson v. McKenna, 223 Or. 366 (1960) (distinction between negligence, criminal negligence, and recklessness; caution against overgeneralization)