Negligence, Reinstatement.

Motorcyclist James Ammons was intoxicated when he crashed his motorcycle and was taken to the Rogue Valley Medical Center for treatment by two sheriff's deputies. The attending physician, John Campbell, released Ammons into the sheriff's custody after advising them that Ammons wasn't seriously injured. Accepting the prognosis at face value, the sheriffs took Ammons to jail, then released him after concluding their investigation. Ammons later claimed he was injured by the deputies and sued Jackson County for negligence. A settlement was reached but the County filed a third-party complaint, alleging that the doctor was negligent in his diagnosis and thus were eligible to collect under the Reinstatement clause of the civil tort code. In the complaint, the County sought recovery of legal expenses and other expenditures stemming from Ammons lawsuit.

The Circuit Court of Jackson County granted the defendant's motion to dismiss the claim because any judgment favorable to Ammons would have been a "claim for contribution," and thus barred by the terms of his original settlement agreement.

Jackson County wins. The Oregon Court of Appeals reversed (in part) and remanded the indemnity claim from the original third-party claim, and also on the negligence claim in the amended complaint, arguing that the lower court had erred.