Voth v. Smith
Voth v. Smith
Opinion of the Court
The trial court granted defendants’ motion to dismiss plaintiff’s first supplemental complaint because he failed to provide timely tort claim notice. We reverse and remand.
Plaintiff is in the custody of the Oregon Department of Corrections. He brought an action against various persons associated with the department, alleging that they had improperly released his private medical information and that they had provided him with substandard medical care. Plaintiff also alleged that he “has suffered * * * economic damages from the defendants, one and all, conduct alleged herein.” Based on those allegations, plaintiff asserted several claims for relief, one of which was brought pursuant to 42 USC section 1983. Defendants moved to dismiss plaintiffs complaint because he failed to allege timely tort claim notice and also because he failed to allege that he had suffered economic damages. The trial court agreed with defendants’ first ground, dismissed plaintiffs’ first supplemental complaint, and entered judgment in defendants’ favor.
On appeal, plaintiff argues that his allegation that he had given tort claim notice pursuant to ORS 30.275 was sufficient to survive a motion to dismiss. Defendants concede error on that point. They acknowledge that no tort claim notice is required for section 1983 claims. See Sanok v. Grimes, 306 Or 259, 262, 760 P2d 228 (1988). Regarding plaintiffs remaining claims, defendants acknowledge that the sufficiency of plaintiffs tort claim notice should have been resolved in a summary judgment proceeding rather than on the basis of a Rule 21 motion to dismiss. Defendants contend, however, that the trial court’s judgment may be affirmed on an alternative ground. They argue that “plaintiff had failed to plead any factual basis for his claim to economic damages.” They reason that, “without establishing his entitlement to any kind of damages, plaintiff had failed to state a claim for recoverable damages and the complaint should be dismissed in its entirety on that basis.” Plaintiff responds that his allegation of economic damages is sufficient to survive a motion to dismiss.
Reversed and remanded.
Reference
- Full Case Name
- Frank E. VOTH v. Dr. Donald SMITH Dr. Jerry Felder Dr. John L. Stoune Snake River Correctional Institution Health Services Eastern Oregon Correctional Institution Health Services Two Rivers Correctional Institution Health Services and Officer Meyerhoffer
- Cited By
- 5 cases
- Status
- Published