(2) In any action described in subsection (1) of this section, the court shall determine the award of damages to each claimant in accordance with the percentages of fault determined by the trier of fact under ORS 31.605 and shall enter judgment against each party determined to be liable. The court shall enter a judgment in favor of the plaintiff against any third party defendant who is found to be liable in any degree, even if the plaintiff did not make a direct claim against the third party defendant. The several liability of each defendant and third party defendant shall be set out separately in the judgment, based on the percentages of fault determined by the trier of fact under ORS 31.605. The court shall calculate and state in the judgment a monetary amount reflecting the share of the obligation of each person specified in ORS 31.600 (2). Each person’s share of the obligation shall be equal to the total amount of the damages found by the trier of fact, with no reduction for amounts paid in settlement of the claim or by way of contribution, multiplied by the percentage of fault determined for the person by the trier of fact under ORS 31.605.
(3) Upon motion made not later than one year after judgment has become final by lapse of time for appeal or after appellate review, the court shall determine whether all or part of a party’s share of the obligation determined under subsection (2) of this section is uncollectible. If the court determines that all or part of any party’s share of the obligation is uncollectible, the court shall reallocate any uncollectible share among the other parties. The reallocation shall be made on the basis of each party’s respective percentage of fault determined by the trier of fact under ORS 31.605. The claimant’s share of the reallocation shall be based on any percentage of fault determined to be attributable to the claimant by the trier of fact under ORS 31.605, plus any percentage of fault attributable to a person who has settled with the claimant. Reallocation of obligations under this subsection does not affect any right to contribution from the party whose share of the obligation is determined to be uncollectible. Unless the party has entered into a covenant not to sue or not to enforce a judgment with the claimant, reallocation under this subsection does not affect continuing liability on the judgment to the claimant by the party whose share of the obligation is determined to be uncollectible.
(4) Notwithstanding subsection (3) of this section, a party’s share of the obligation to a claimant may not be increased by reason of reallocation under subsection (3) of this section if:
(a) The percentage of fault of the claimant is equal to or greater than the percentage of fault of the party as determined by the trier of fact under ORS 31.605; or
(b) The percentage of fault of the party is 25 percent or less as determined by the trier of fact under ORS 31.605.
(5) If any party’s share of the obligation to a claimant is not increased by reason of the application of subsection (4) of this section, the amount of that party’s share of the reallocation shall be considered uncollectible and shall be reallocated among all other parties who are not subject to subsection (4) of this section, including the claimant, in the same manner as otherwise provided for reallocation under subsection (3) of this section.
(6) This section does not apply to:
(a) A civil action resulting from the violation of a standard established by Oregon or federal statute, rule or regulation for the spill, release or disposal of any hazardous waste, as defined in ORS 466.005, hazardous substance, as defined in ORS 453.005 or radioactive waste, as defined in ORS 469.300.
(b) A civil action resulting from the violation of Oregon or federal standards for air pollution, as defined in ORS 468A.005 or water pollution, as defined in ORS 468B.005. [Formerly 18.485]
Structure 2021 Oregon Revised Statutes
Volume : 01 - Courts, Oregon Rules of Civil Procedure
Section 31.150 - Special motion to strike; when available; burden of proof.
Section 31.152 - Time for filing special motion to strike; discovery; attorney fees.
Section 31.155 - Exempt actions; substantive law not affected.
Section 31.200 - Liability of radio or television station personnel for defamation.
Section 31.210 - When general damages allowed.
Section 31.215 - Publication of correction or retraction upon demand.
Section 31.230 - Wrongful use of civil proceeding; pleading; procedure.
Section 31.260 - Definitions for ORS 31.260 to 31.278.
Section 31.262 - Notice of adverse health care incident.
Section 31.266 - Discussion communications; admissibility; disclosure.
Section 31.270 - Payment and resolution.
Section 31.272 - Statute of limitations; evidence of offers and payments.
Section 31.274 - Patient representatives.
Section 31.276 - Duties of Oregon Patient Safety Commission; rules.
Section 31.278 - Use of information relating to notice of adverse health care incident.
Section 31.280 - Task Force on Resolution of Adverse Health Care Incidents; rules.
Section 31.300 - Pleading requirements for actions against design professionals.
Section 31.350 - Pleading requirements for actions against real estate licensees.
Section 31.555 - Effect of advance payment; payment as satisfaction of judgment.
Section 31.580 - Effect of collateral benefits.
Section 31.605 - Special questions to trier of fact; jury not to be informed of settlement.
Section 31.620 - Doctrines of last clear chance and implied assumption of risk abolished.
Section 31.710 - Limitation on award for noneconomic damages in claim for wrongful death.
Section 31.740 - When award of punitive damages against health practitioner prohibited.
Section 31.760 - Evidence of nonuse of safety belt or harness to mitigate damages.
Section 31.805 - Basis for proportional shares of tortfeasors.