The Oregon Court of Appeals ruled that a state law capping an injured worker’s recovery of noneconomic damages from a third-party tortfeasor was unconstitutional, since it deprived the worker of a substantial remedy for his paraplegia.
Case: Vasquez v. Double Press Manufacturing, No. 523, 11/01/2017, published.
Facts and procedural history: Zeferino Vasquez suffered a horrific injury in March 2010 while using a bale-cutting machine sold by Double Press Manufacturing. While he was cleaning hay out of the machine, a hydraulic ram came down on his back, cutting through the base of his spi...
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