Oregon Court of Appeals sides with fatal car crash victim over $20M wrongful death damages

The judges took aim at a law dating to 1987 which limits “noneconomic” damages such as loss of care, comfort or companionship for wrongful death suits to $500,000. Its backers have long cautioned that the limitations are a regulation designed to keep steady liability insurance premiums in Oregon, one of at least 13 states with similar caps.

The case, however, stems from a deadly 2021 crash that killed 23-year-old Grant Fisher on U.S. Highway 26. Then-33-year-old Sandy resident Trever Nicholas Lee, who was under the influence of narcotics and driving around 96 miles per hour, rear-ended Fisher’s truck, knocking him off the road and causing his vehicle to collide with a tree. Fisher’s truck went up in flames, and a pathologist had later explained that he was likely experiencing oxygen starvation, helplessness and extreme panic before losing consciousness. 

Fisher was survived by his four-month old daughter and his wife, Caitlin Fisher, who sued Lee in civil court on behalf of her husband’s estate. She sought $15 million for the loss of Fisher’s society and companionship and $5 million for Fisher’s conscious pain and suffering. While the Multnomah County Circuit Court initially awarded her that figure, it then reduced her compensation in 2023 after taking into account the 1987 law.

Appellate judges last week found that decision was unfair, sending the case back to the trial court for further consideration in light of Fisher’s circumstances.

“In the nearly 40 years since the legislature set that amount, the meaningfulness of $500,000 as a remedy for grievous injuries, such as the injury to Fisher and plaintiff in this case, has drastically diminished,” Judge Steven R. Powers wrote in the 11-page decision.  “Given the nature of Fisher’s and plaintiff’s injuries and the circumstances of this case, the legislature’s reason for enacting the inflexible noneconomic damages cap—reducing insurance costs—cannot bear the weight of the dramatic reduction in noneconomic damages that the statute requires, leaving plaintiff with a constitutionally inadequate remedy.”

The decision striking down the limitations on damages as applied to Fisher’s case is the latest in a string of decisions court observers say could encourage more victims to seek redress. In another case dealing with wrongful injury rather than death, the Oregon Supreme Court in 2020 ruled that a 1987 state law instituting similar compensation limitations was unconstitutional. Fisher’s attorneys say that they believe the new decision could support other victims to come forward and seek redress in the courts. 

“This decision is profoundly important for the families of Oregonians who have been killed because it confirms that their loss cannot be reduced to an arbitrary number by the legislature and gives the power to determine the value of life to Oregon jurors,” John Coletti and Nadia Dahab, attorneys for Fisher’s estate, said in a joint statement. 

Lee has since pleaded guilty to charges of second-degree manslaughter. He is serving his sentence in the Salem-based Oregon State Penitentiary. His earliest possible release date is in April 2030, according to state corrections records. 

Lee did not appear in court, nor did any counsel representing him opposing the suit. 

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