Action Regarding Police Cruiser Accident
In Howell v. Boyle, No. 09-36153, an action for injuries plaintiff sustained when defendant, a police officer, struck her with his police cruiser as she walked across a highway, the court certified the following questions to the Supreme Court of Oregon: 1) is plaintiff’s negligence action constitutionally protected under the Oregon constitution’s remedy clause, Or. Const. art. I, section 10, irrespective of the jury’s finding of comparative negligence? To what extent, if any, do the common law defenses to contributory negligence of last clear chance, the emergency doctrine, and gross negligence effect this determination? 2) If plaintiff’s action is protected, is $200,000 an unconstitutional emasculated remedy despite the jury’s finding of comparative negligence? To what extent, if any, do the common law defenses to contributory negligence of last clear chance, the emergency doctrine, and gross negligence effect this determination?
Related Resources
- Read the Ninth Circuit’s Decision in Howell v. Boyle, No. 09-36153
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