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BATTEN v. CORRECTIONS DIVISION

147,231, CA A38538.

733 P.2d 915 (1987)

84 Or.App. 242

Nichole Y. BATTEN, Appellant, v. CORRECTIONS DIVISION, a Division of the State of Oregon, Respondent, and Darrell Kent Huffer and Robert Earl Smith, Defendants.

Court of Appeals of Oregon.

Decided March 11, 1987.

Reconsideration Denied April 10, 1987.

Attorney(s) appearing for the Case

J. Michael Alexander, Salem, argued the cause for appellant. With him on the briefs was Burt, Swanson, Lathen, Alexander & McCann, Salem.

Richard D. Wasserman, Asst. Atty. Gen., Salem, argued the cause for respondent. With him on the brief were Dave Frohnmayer, Atty. Gen., and Virginia L. Linder, Sol. Gen., Salem.

Before WARDEN, P.J., and VAN HOOMISSEN and YOUNG, JJ.

WARDEN, Presiding Judge.

Plaintiff claims that defendant Corrections Division (Division) negligently reduced the custody classification of defendants Huffer and Smith,1 which resulted in their transfer to a minimum security facility and their subsequent escape and assault on plaintiff. The trial court granted Division's motion for a directed verdict on the grounds that plaintiff had failed to present any evidence of negligence and that...

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