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June 22, 2006


Jim Westwood

It's hard (but not impossible)to imagine that the court allowed review in order to affirm Greist v. Phillips, 322 Or 281 (1995), which reviewed the historical record and determined there was no common law wrongful death recovery. If the court does look again at the history of the remedy, it should be ready to take another look at the noneconomic damages cap in general. Smothers v. Gresham Transfer, 332 Or 83 (2001), which delved deeply into Magna Carta and everything since, and decided that the cap was unconstitutional under Article I section 10, needs its own historical revisiting, if the court wants to be completely fair about it.

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