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MAYSE v. COOS COUNTY

No. 77-73; C.A. 9491.

583 P.2d 7 (1978)

Elton K. MAYSE, Appellant, v. COOS COUNTY, a Political Subdivision, and Laban L. Buoy, Former Coos County Roadmaster, Respondents.

Court of Appeals of Oregon.

Decided August 22, 1978.

Attorney(s) appearing for the Case

William N. Kent, Eugene, argued the cause for appellant. On the brief was Gary K. Jensen, P.C., Eugene.

G. Jefferson Campbell, Jr., Coos Bay, argued the cause for respondents. With him on the brief was Newhouse, Foss, Whitty & Roess, Coos Bay.

Before SCHWAB, C.J., and THORNTON, TANZER and BUTTLER, JJ.

TANZER, Judge.

This is a negligence action, against Coos County and its agent, in which plaintiff seeks to recover for personal injuries and property damage allegedly caused by the County's negligent maintenance of the Coos Bay Wagon Road.

The County raised immunity as an affirmative defense, contending that plaintiff's claim is barred because it is "based upon the performance of or the failure to exercise or perform...

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