Summary
The Oregon Court of Appeals affirmed a restitution order requiring Brian D. Torres to pay $2,598.26 for medical expenses resulting from a domestic-violence assault. The court held that testimony from the victim’s insurer’s subrogation representative and an associated medical-expense spreadsheet sufficiently established the reasonableness of the charges and amounts paid, without deciding whether a statutory presumption of reasonableness applied.
Holdings
- The evidence was sufficient to establish that the $2,598.26 in medical expenses paid by the victim's insurer was reasonable, even without applying the statutory presumption of reasonableness in ORS 137.106(1)(c).
Questions Presented
- Whether the evidence presented at the restitution hearing was sufficient to establish that the medical expenses paid by the victim's insurer were reasonable and therefore recoverable as economic damages.
Disposition
affirmed
Cases Cited (6)
- State v. McClelland, 278 Or. App. 138, 141, 144, 372 P.3d 614, rev. den., 360 Or. 423 (2016)(followed)
- State v. Workman, 300 Or. App. 622, 623, 455 P.3d 566 (2019)(followed)
- State v. Gastiaburu, 318 Or. App. 454, 458, 508 P.3d 592 (2022)(distinguished)
- State v. Bright, 333 Or. App. 58, 62, 551 P.3d 400 (2024), rev. den., 373 Or. 280 (2025)(followed)
- Outdoor Media Dimensions Inc. v. State, 331 Or. 634, 659, 20 P.3d 180 (2001)(applied)
- Sherertz v. Brownstein Rask, 314 Or. App. 331, 341, 498 P.3d 850, rev. den., 369 Or. 338 (2022)(applied)
Cited In (0)
No citing cases on record yet.
Court Document
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