Hallman, W. Eugene2018-04-112018-04-112018-04-1096 OR. L. REV. 5850196-2043https://hdl.handle.net/1794/2320214 pagesThe cap on noneconomic damages of ORS 31.710(1) was declared unconstitutional in 1999 as a violation of the right to a jury trial under article I, section 17, of the Oregon Constitution. Lakin, in turn, was overruled by Horton v. Oregon Health & Science University. With the removal of the jury trial underpinnings of Lakin, the constitutionality of noneconomic damages caps is again in play.en-USAll Rights Reserved.LiabilityDamagesOregon ConstitutionArticle