Neher v. Chartier

ORS 30.265(3)(a), a part of the Oregon Tort Claims Act (OTCA), provides that public bodies and their officers, employees, and agents, acting within the scope of their employment, are immune from liability for claims for injury to or death of any person covered by any workers compensation law. At issue in this case is whether ORS 30.265(3)(a) violates Article I, section 10, or ARTICLE I, SECTION 20, OF THE OREGON CONSTITUTION. The Court of Appeals held that the statute violated neither provision of the Oregon Constitution. Neher v. Chartier, 124 Or.App. 220, 862 P.2d 1307 (1993). For the reasons that follow, we conclude that the tort immunity provided by ORS 30.265(3)(a) violates Article I, section 10, of the Oregon Constitution, because it purports to immunize public bodies from tort liability as well as the public bodys officers, employees, and agents of public bodies. Accordingly, we reverse the decision of the Court of Appeals.