Griffin v. Tri-County Metropolitan Transportation District

870 P.2d 808, 318 Or. 500, 1994 Ore. LEXIS 24
CourtOregon Supreme Court
DecidedApril 7, 1994
DocketCC A8902-01014; CA A64191; SC S39510, S40017
StatusPublished
Cited by51 cases

This text of 870 P.2d 808 (Griffin v. Tri-County Metropolitan Transportation District) is published on Counsel Stack Legal Research, covering Oregon Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Griffin v. Tri-County Metropolitan Transportation District, 870 P.2d 808, 318 Or. 500, 1994 Ore. LEXIS 24 (Or. 1994).

Opinions

[503]*503GILLETTE, J.

The issue in this case is whether the $100,000 liability limit in the pre-1989 version of the Oregon Tort Claims Act applies to attorney fees and costs awarded against a public body in an employment discrimination action that arose at the time that the limit was in effect. We hold that the limit applies.

Defendant Tri-County Metropolitan Transportation District of Oregon (Tri-Met) is a municipal corporation that is subject to the Oregon Tort Claims Act (OTCA), ORS 30.260 to 30.300.1 Plaintiff was employed by Tri-Met as a bus driver and dispatcher from 1976 to 1989. In 1989, plaintiff brought this action against Tri-Met, alleging that Tri-Met had engaged in an unlawful employment practice in violation of ORS 659.425(1).2 A jury returned a verdict awarding plaintiff $500,000 in compensatory damages. Applying the liability limit in ORS 30.270(1)(b) (1985) (set out infra), the trial court entered judgment in the amount of $100,000. The trial court then ruled that the limit did not apply to an award of attorney fees and costs.3 Consequently, the court, in a separate order, awarded plaintiff attorney fees and costs in excess of $200,000.

[504]*504Tri-Met appealed to the Court of Appeals, assigning various errors. Among other things, Tri-Met contended in the Court of Appeals that the trial court erred in awarding attorney fees and costs in addition to the $100,000 already awarded as damages. The Court of Appeals disagreed, holding that awards of attorney fees and costs were not intended to be included within the liability limit in the OTCA. Griffin v. TriMet, 112 Or App 575, 584, 831 P2d 42 (1992). We allowed TriMet’s petition for review in order to address that issue.

While Tri-Met’s petition for review was pending before this court, the Court of Appeals entered an order allowing plaintiff attorney fees, costs, and disbursements on appeal in the amount of $55,496.75. Tri-Met filed a second petition seeking review of the attorney fee and costs award in that order. We allowed review and consolidated the cases for argument and opinion.

We begin by clarifying why the pre-1989 version of ORS 30.270 applies to this case. Until 1987, ORS 30.270(1) provided:

“Liability of any public body or its officers, employes or agents acting within the scope of their employment or duties on claims within the scope of ORS 30.260 to 30.300 shall not exceed:
“(a) $50,000 to any claimant for any number of claims for damage to or destruction of property, including consequential damages, arising out of a single accident or occurrence.
“(b) $100,000 to any claimant for all other claims arising out of a single accident or occurrence.
“(c) $300,000 for any number of claims arising out of a single accident or occurrence.”

In 1987, the legislature amended ORS 30.270(1) to provide in part:

“Liability of any public body or its officers, employes or agents acting within the scope of their employment or duties on claims within the scope of ORS 30.260 to 30.300 shall not exceed:
[505]*505“(b) $100,000 to any claimant as general and special damages for all other claims arising out of a single accident or occurrence unless those damages exceed $100,000, in which case the claimant may recover additional special damages, but in no event shall the total award of special damages exceed $100,000.
“(c) $500,000 for any number of claims arising out of a single accident or occurrence.”

Or Laws 1987, ch 915, § 13 (amendments emphasized). The 1987 amendments were to apply “only to claims that accrue on or after January 1, 1989.” Id. § 14.

In this case, plaintiff argued in the trial court that the amended version of the statute should apply because, according to plaintiff, his claim did not “accrue” until after January 1, 1989. The trial court rejected that argument and applied the pre-1989 version of the statute. Plaintiff assigned that ruling as error on cross-appeal, but the Court of Appeals declined to consider plaintiffs argument because, according to that court, “plaintiff failed to raise this issue in any way in the court below.” Griffin v. Tri-Met, supra, 112 Or App at 585.

The Court of Appeals was wrong factually; plaintiff did raise the issue in the trial court.4 Plaintiff also raised the issue in this court in a supplemental response filed after this court had allowed Tri-Met’s petition for review. We therefore address the issue.5

As noted, the 1987 amendments to ORS 30.275 apply “only to claims that accrue on or after January 1, 1989.” [506]*506(Emphasis supplied.) Here, plaintiff has asserted a single claim of employment discrimination. The question, therefore, is whether that claim “accrued” on or after January 1, 1989. “When used with reference to a cause of action [the word ‘accrue’] means when an action may be maintained thereon. [The claim] accrues whenever one person may sue another.” Berry v. Branner, 245 Or 307, 312, 421 P2d 996 (1966) (emphasis deleted).

Plaintiff’s fourth amended complaint alleges instances of discrimination by Tri-Met beginning in October 1987 and continuing through his allegedly unlawful termination in December 1989. Plaintiff contends that his claim did not accrue until his termination in December 1989. According to the complaint, however, plaintiff filed a parallel discrimination claim with the Bureau of Labor and Industries in 1988. Moreover, plaintiff filed his first complaint in the present action in February 1989. We need not decide which of the discriminatory events alleged by plaintiff caused his claim to accrue. It is sufficient here to hold that the claim had accrued at least by the time plaintiff filed his complaint with the Bureau of Labor and Industries; plaintiffs termination in December 1989 was not essential to the accrual of his claim. It follows that the pre-1989 version of ORS 30.270 applies to this case.

Before proceeding to the central issue, we address an argument raised by amicus curiae Oregon Trial Lawyers Association. Amicus

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Bluebook (online)
870 P.2d 808, 318 Or. 500, 1994 Ore. LEXIS 24, Counsel Stack Legal Research, https://law.counselstack.com/opinion/griffin-v-tri-county-metropolitan-transportation-district-or-1994.