Civil action by decedent’s estate authorized for unlawful public display of remains. (1) The estate of a decedent whose remains are displayed in violation of ORS 97.205 may bring a civil action for injunctive relief, damages or other appropriate relief against any person whose conduct in connection with the display is unlawful under ORS 97.205

(2) Upon prevailing in an action brought under this section, the plaintiff may recover:

(a) Both special and general damages, including damages for emotional distress; and

(b) Punitive damages.

(3)(a) The court shall award reasonable attorney fees to the prevailing plaintiff in an action brought under this section.

(b) The court may award reasonable attorney fees and expert witness fees incurred by a defendant who prevails in the action if the court determines that the plaintiff had no objectively reasonable basis for asserting a claim or no reasonable basis for appealing an adverse decision of a trial court. [2023 c.309 §3]

Note: See note under 97.205.

(Disease, Disinterment, Emergencies)