Oregon Mesothelioma Lawyer and Legal Information

The state of Oregon determines liability using a modified comparative fault - 51 percent system. Under the system used in the Oregon courts, a plaintiff can only recover damages if it is determined that they are less than 51 percent at fault in causing their own injury. If the injured party is greater than 50 percent at fault, they recover nothing. If the plaintiff is found to be less than 51 percent at fault in their injury, they can still recover compensatory damages, but any damages awarded will be reduced in proportion to the percentage of their fault.

The Oregon courts use a modified joint and several liability approach in entering judgment in cases with more than one defendant. Cases involving hazardous substances and pollution fall under joint and several liability. Most other cases fall under several liability only, but if the court determines within a year of the judgment that the plaintiff is unable to collect from one of the defendants, their portion will be reapportioned among the remaining defendants.

Oregon law allows punitive damages, but the plaintiff must present clear and convincing evidence that the defendants' actions were malicious and intentional. Caps may apply based on the actual behavior of the defendants.

Oregon Asbestos Litigation

1993 - Marlene Purcell v. Asbestos Corp LTD et al: In an Oregon asbestos case, nine of 12 defendants settled before trial. A 10th defendant was removed from the case because the plaintiff did not sufficiently identify the defendant's product. The two remaining defendants were E.J. Bartells and Owens-Corning. A jury awarded $307,000 in compensatory damages, $1.5 million in non-economic damages and $3 million in punitive damages.

1999 - Bush v. Anchor Packing et al: All defendants but one settled or were dismissed from the case. The remaining defendant, Kaiser Gypsum, was found responsible for causing asbestosis in the plaintiff. The plaintiff received $1.5 million, including $600,000 for fear of future illness.

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