M. K. F. v. Miramontes
Annotate this CaseIn this case the issue before the Supreme Court concerned an action under ORS 30.866 in which a plaintiff sought both a stalking protective order and a judgment for compensatory money damages, whether the parties are entitled to a jury trial on the claim for money damages. Plaintiff in this case filed a petition under ORS 30.866, alleging that the defendant had engaged in knowing and repeated unwanted sexual contact with her in the two years preceding the filing of the petition and that that contact had caused plaintiff reasonable apprehension regarding her safety. Plaintiff claimed that she was entitled to three forms of relief: a stalking protective order enjoining defendant from engaging in certain conduct; an award of compensatory damages for lost sick and annual leave, lost wages, and counseling expenses; and an award of reasonable attorney fees. Defendant asserted that he was entitled to a jury trial on plaintiff's claim for compensatory money damages. The trial court disagreed and conducted the trial on all three claims without a jury. The court found in favor of plaintiff, issued a stalking protective order, entered a general judgment for compensatory damages in the amount of $42,347.78, and entered a supplemental judgment for reasonable attorney fees. Defendant appealed and the Court of Appeals affirmed, holding that defendant had neither a statutory nor a constitutional right to a jury trial. The court reasoned that the text of ORS 30.866 contains "no reference that conveys any kind of indication that the legislature intended to confer a right to a jury trial." Upon review, the Supreme Court reversed the appellate court on the jury trial issue, and remanded the case for further proceedings.
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