Wyers v. American Medical Response Northwest, Inc.

• Court: Oregon Supreme Court
• Area(s) of Law: Civil Law
• Date Filed: 08-12-2016
• Case #: S063000
• Judge(s)/Court Below: Landau, J. for the Court; Balmer, C.J.; Kistler, J., Walters, J., Baldwin, J., & Brewer, J.

A person does not need to have actual knowledge of abuse to be liable under ORS 124.100(5), which permits an action to be brought against a person who "permit[s]" abuse against a victim.

Plaintiff appealed a granting of summary judgment in the favor of American Medical Response Northwest (AMR) on the grounds that AMR did not have actual knowledge of the paramedic's abusive behavior, and the Court of Appeals reversed. The paramedic abused plaintiff while she was a patient, and plaintiff attempted to sue AMR under ORS 124.100(5), which permits a victim to bring an action against a person who "permit[s]" another person to commit abuse. The Court determined that the word "permit" in ORS 124.100(5) does not require a knowing mental state, and that the standard is whether a reasonable person would have been aware of the abuse. The granting of summary judgment was therefore in error. The Court of Appeals decision is affirmed.

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