Oregon

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Titlesort descending Summary
Howard v. Chimps, Inc.


While cleaning a cage at a chimpanzee sanctuary, the plaintiff was twice attacked by a chimpanzee, which left the plaintiff without much of her thumb. Plaintiff brought a suit against the sanctuary based on claims of strict liability; under a statute and common law; negligence; and gross negligence. At the district court, the plaintiff lost because she had signed a waiver releasing the sanctuary from liability "on all claims for death, personal injury, or property damage" and because she failed to state a claim in regards to the gross negligence charge. In affirming the lower court's decision, the appellate court found an enforceable contract existed with the waiver, and that there was no evidence of reckless disregard on defendant's part to rise to the level of gross negligence.

In Defense of Animals v. Oregon Health Sciences University


A nonprofit corporation petitioned the trial court for injunctive and declaratory relief regarding fees charged by a state university primate research center for document inspection.  The circuit court dismissed the action with prejudice, reasoning it lacked subject matter jurisdiction over the fee issue and, assuming jurisdiction existed, the fees were in compliance with law.  The Court of Appeals reversed and remanded, holding the circuit court had jurisdiction to review the basis, reasonableness and amount of fees charged by the university.

In re Kulka's Estate


This action relates to a court order in an estate case.  The decedent left a legacy in the form of some timber reserves to the Human Society of Portland Oregon "to be used solely for the benefit of animals."  The executor refused to pay the legacy.  This is an appeal from a circuit court decision directing and authorizing Andrew Hansen, executor of the estate of Otto Kulka, deceased, to pay the petitioner a legacy from proceeds in the executor's hands.  The court affirmed the payment of the legacy.

In the Matter of a Protective Order for Jean Marie Primrose - Cat Champion Corporation, Appellant v. Jean Marie Primrose, Respon This series of actions stemmed from the seizure of 11 cats from Jean Marie Primrose from her Linn County, Oregon home. The cats were neglected, thin, and missing patches of hair when they were removed from Ms. Primrose's home and placed in the custody of Cat Champion, a non-profit rescue organization. Ms. Primrose was charged with criminal animal neglect in the second degree, but the trial court dismissed those charges because she was found incompetent due to a cognitive impairment. Because the case was dismissed, the cats were not forfeited by law and Primrose remained the rightful owner. Further, Cat Champion had incurred a $32,510 debt in caring for the animals. In lieu of returning the cats to Ms. Primrose, who Cat Champions felt was incapable of adequately caring for them, Cat Champions filed a petition for a limited protective order as a fiduciary for the care and placement of the cats. The probate court ruled against Cat Champions, finding that nothing in the relevant chapter allowed the court to permanently divest Ms. Primrose of her personal property (the cats). On appeal, the Oregon Court of Appeals overturned the lower court's order and held that the probate court did indeed have authority to enter a limited protective order under ORS 125.650 as a "fiduciary necessary to implement a protective order."
Julie Marie Grizzel v. James William Hickey d/b/a S & S Farms; Ron Lee Omara and S & S Farms, Inc. aka S.S. Farms Linn County, I


The plaintiff in this Oregon case brought an action alleging negligence and intentional infliction of emotional distress against the defendant, who was a licensed animal dealer. Plaintiff owned “My Girl,” a purebred cocker spaniel, whom plaintiff cared for and enclosed in a secure, fenced backyard. While My Girl was secure in her backyard, two other individuals seized her and transported her to defendant Hickey (who was known to be engaged in the business of selling animals to research laboratories).

Lockett v. Hill


In this Oregon case, plaintiff sued defendant after defendant's pit bulls mauled plaintiff's cat to death while they were running loose on plaintiff's property. The trial court found that defendant was negligent and awarded plaintiffs $1,000 in compensatory damages but denied plaintiffs' claims for negligent infliction of emotional distress and loss of companionship. Plaintiff sought appeal of the trial court's denial of damages for negligent infliction of emotional distress (NIED) and loss of companionship. The appellate court affirmed, holding that the cat owner was not entitled to recover damages for emotional distress.

Lockett v. Hill


Defendant's pit bulls killed plaintiff's cat while she watched. This is an appellate brief about non-economic damages.

McCallister v. Sappingfield


Plaintiff brought action for damages against defendant for killing his dog. Evidence as to its special value was admissible. was not error to admit the testimony of plaintiff regarding the dog's special value. Owner of a dog wrongfully killed was not limited to market value and could prove its special value by showing its qualities, characteristics, and pedigree.

Newport v. Moran


In this Oregon case, an action was brought to recover damages for injuries after defendant's dog ran into plaintiff and knocked her down. The lower court entered a verdict against the defendant and she appealed. The Court of Appeals held that, after reviewing the evidence in the light most favorable to plaintiff, there was find no evidence that would put defendant on notice that the dog had a potentially dangerous propensity to run into people. Further, without some reason to foresee that the dog was likely to run into people, there was no common-law duty to confine the dog. The evidence also did not warrant submission of the case to the jury on the theory of negligence

per se

for violation of the dog control ordinance because this risk was not one anticipated by the ordinance. Reversed.

Norwest v. Presbyterian Intercommunity Hospital


This court found that there was no common law liability where a tortfeasor's conduct caused a child to lose parental support and care. The court declined to create a new common law cause of action for parental consortium, and suggested that it was up to the legislature to create such a cause of action. However, dicta in the case refers to an invasion of the animal/animal owner relationship as actionable misconduct.

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