Willamette Law Online

Oregon Supreme Court

( 3 summaries )

Opinions Filed in April 2012

Eads v. Borman

Tort Law: An entity may be held vicariously liable for a physician’s negligence on the theory of apparent agency when: (1) the entity holds out the physician as an agent delivering medical services on behalf of the entity subject to oversight and control of the entity; and (2) the injured plaintiff reasonably relied on these representations, which led him to believe the entity was the provider of care.

(Filing Date: 04-26-2012)

State v. Jarnagin

Criminal Procedure: Statements from an interrogation administered without a Miranda warning that provide the basis for a voluntary reenactment sufficiently taint the reenactment such that it is unconstitutional. Additionally, notifying the defendant of his Miranda rights after initial interrogations will not be held as an invalid reading of rights if there was a substantial break in time and change of circumstances from previous interrogations.

(Filing Date: 04-26-2012)

State v. Miskell/Sinibaldi

Criminal Procedure: Under ORS 133.726(7)(b), an exigency exception to the ex parte order requirement for surveillance must be demonstrated by evidence that swift action is necessary to prevent harm to persons or property, the escape of a suspect, destruction of evidence or the like.

(Filing Date: 04-26-2012)