Huseky v. Department of Corrections

Under ORCP 21, a plaintiff need not plead an enforceable right to future employment to allege economic damages.

The Plaintiff, an adult in the Oregon Correctional System, appeals the decision that he has no legally enforceable right to sue the Department of Corrections for breach of contract and lost wages. He alleged that the Department, contrary to a prior oral settlement agreement, used negative video footage in training, which has cost him jobs and loss of income. Seeking $11,640 in economic damages, the trial court dismissed, and the Court of Appeals affirmed. Under ORCP 21, a plaintiff need not plead an enforceable right to economic damages. The Supreme Court reversed in part, stating that the lack of the right to employment is not fatal to pleading lost future wages. Under  ORCP 18 B, plaintiff must show a verifiable monetary loss such as loss of income and “past and future impairment of earning capacity.” Plaintiff properly alleged the $11,640, so dismissal was inappropriate. The court affirms the trial court's judgment that was not at issue here. The Court of Appeals' decision is affirmed in part and reversed in part. The judgment of the circuit court is affirmed in part and reversed in part, and the case is remanded to the circuit court for further proceedings.