Vasquez v. Double Press Mfg., Inc.

Defendant Double Press Manufacturing, Inc. petitioned for review of a Court of Appeals decision affirming a trial court judgment against defendant that included an award of noneconomic damages to plaintiff Zeferino Vasquez, in the amount of $4,860,000. In the course of his employment with a feed dealer, plaintiff was responsible for operating and cleaning a machine used in hay baling. One day in 2010, plaintiff did not follow the machine's shut-down procedure; to remove jammed material, plaintiff climbed into an area of the machine where a hydraulic ram was located. The machine, still in automatic mode, pinched plaintiff between a hydraulic ram and the frame of the machine, crushing his spine and causing other injuries. As a result of those injuries, plaintiff was rendered paraplegic. Defendant contended the Court of Appeals erred in concluding that the remedy clause of Article I, section 10, of the Oregon Constitution precluded a reduction of plaintiff’s noneconomic damages to $500,000 in accordance with the statutory damages cap set out in ORS 31.710(1). Plaintiff requested review of another aspect of the decision, arguing that the Court of Appeals erroneously rejected his statutory argument that his claim was exempt from the damages cap. The Oregon Supreme Court agreed with plaintiff, and affirmed the judgment of the trial court and the decision of the Court of Appeals, but on different grounds, namely, that plaintiff’s claim fell within a statutory exception to the damages cap for “claims subject to * * * ORS chapter 656.” View "Vasquez v. Double Press Mfg., Inc." on Justia Law