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ESPINOSA v. SOUTHERN PAC. TRANSP. CO.

CA 12346; SC 27675.

635 P.2d 638 (1981)

291 Or. 853

John ESPINOSA, Personal Representative of the Estate of Christina Marie Espinosa, Deceased, Respondent, v. SOUTHERN PACIFIC TRANSPORTATION COMPANY, Petitioner, and School District No. 40, McMinnville, Respondent.

Supreme Court of Oregon.

Decided November 3, 1981.

Attorney(s) appearing for the Case

James H. Clarke, Portland, argued the cause for petitioner. With him on the briefs were Laurence F. Jannsen, and Spears, Lubersky, Campbell & Bledsoe, Portland.

Raymond J. Conboy, Portland, argued the cause for respondent Espinosa. With him on the briefs were Garry L. Kahn, and Pozzi, Wilson, Atchison, Kahn & O'Leary, Portland.

William H. Morrison, Portland, argued the cause for respondent School Dist. With him on the briefs were G. Kenneth Shiroishi, and Morrison, Dunn, Cohen, Miller & Carney, Portland.

Before DENECKE, C.J., and LENT, LINDE, PETERSON and TANZER, JJ.

LENT, Justice.

This case requires us to determine whether the concept of limited waiver of governmental immunity, as introduced by Vendrell v. School District No. 26C et al., 226 Or. 263, 360 P.2d 282 (1961), has survived the enactment and amendment of the Oregon Tort Claims Act of 1967. The issue is presented in the context of plaintiff's wrongful death action brought against defendants School...

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