- Court: Oregon Court of Appeals
- Area(s) of Law: Tort Law
- Date Filed: 04-24-2019
- Case #: A166095
- Judge(s)/Court Below: Hadlock, P.J. for the Court; DeHoog, J.; & Aoyagi, J.
- Full Text Opinion
Defendant appealed a judgement requiring restitution for a hit and run. Defendant assigned error to the court's decision to subjectively impose an $800 restitution award. Defendant argued that the restitution was not based on objective facts. The state conceded that the speculative restitution was in error. "ORS 811.706 does not authorize an award of restitution that includes 'speculative, uncertain, and open-ended amounts.'" State v. Hval, 174 Or App 164, 178, 25 P3d 958, rev den, 332 Or 559 (2001). The Court held that the trial court would have an opportunity to determine if the additional damages incurred by the victim were covered under ORS 811.700, but otherwise agreed that the trial court was performing "rough justice." Supplemental judgment vacated and remanded, otherwise affirmed.