Legal Question in Personal Injury in Oregon

I work for a state agency in Oregon. A fellow employee is attempting to file a tort claim against this state agency. I am not sure how the process works, however, what I have been told is that this employee has filed a complaint with the agency thereby giving them notice of their intent to file a tort claim. I was one of several fellow employees named in this employee's complaint to the agency and this person accused me of wrongdoing and in their judgment they should be compensated by the state of Oregon.

My question is; Since I have been named in this complaint, is such a complaint public record? Am I able to request and receive a copy of this complaint, if so, how? If this fellow employee does move forward and files a tort claim, will I receive a copy the tort claim because I am named in it, and if not, would I be able to request and receive a copy of the tort claim, if so, how?


Asked on 11/29/10, 12:40 pm

1 Answer from Attorneys
Daniel Meek Daniel W. Meek

Whether you are mentioned in the notice does not affect whether the notice is a public record you can demand to see.

You can go to the public records officer of your agency and request (in writing) a copy of the complaint notice. The officer may well deny your request under ORS 192.500(1)(a), which states:

The following public records are exempt from disclosure under ORS 192.410 to 192.505 unless the public interest requires disclosure in the particular instance:

(1) Records of a public body pertaining to litigation to which the public body is a party if the complaint has been filed, or if the complaint has not been filed, if the public body shows that such litigation is reasonably likely to occur. This exemption does not apply to litigation which has been concluded, and nothing in this subsection shall limit any right or opportunity granted by discovery or deposition statutes to a party to litigation or potential litigation.

The officer could say that the complaint notice "pertains to litigation" which is "reasonably likely to occur." I have found zero Oregon court cases indicating whether a tort complaint notice is subject to mandatory disclosure as a public record.

If the fellow employee does file a tort claim against the agency, you would not receive a copy of it, unless you are named as a defendant. Then the plaintiff would have to serve you with the Complaint and Summons.

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Answered on 12/05/10, 2:44 am


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