Hughes v. City of Portland

Summarized by:

  • Court: Oregon Court of Appeals
  • Area(s) of Law: Tort Law
  • Date Filed: 02-13-2013
  • Case #: A149379
  • Judge(s)/Court Below: Hadlock, J. for the Court; Ortega, P.J.; and Sercombe, J.
  • Full Text Opinion

Under ORS 30.275, the tort claims notice requirement, reimbursement to an insurance company counts as partial payment towards plaintiff's claim.

Hughes (Plaintiff) appealed the trial court's summary judgment stating Hughes did not meet the notice requirement under ORS 30.275(3)(d). On November 2008, Hughes and a City of Portland's (Portland) employee were in a car accident. State Farm insured Hughes. A PIP claim was opened and State Farm sent letters to the Portland risk management department. The two parties were in contact at least twice in 2009, where the file was noted as “pending” for payment to Hughes. In January 2010, Hughes contacted Portland's risk management department. State Farm demanded $636.11 for reimbursement of Hughes’s claims. Portland sent the check 8 days later. Portland made no further payments in relation to Hughes’s claim. Hughes appealed the lower court's decision, which held that Hughes did not give timely notice under ORS 30.275. The Court held that under ORS 30.275(3)(d), payment of part or all of any claim by a public body satisfied the tort-claims notice requirement. Since Portland paid the PIP medical expenses, a factfinder could determine economic damages were included. Reversed and remanded.

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