SARACCO v. MULTNOMAH COUNTY

No. A7804-06899; CA 14869.

622 P.2d 1118 (1981)

50 Or.App. 145

Carmen D. SARACCO, Appellant, v. MULTNOMAH COUNTY, Oregon, a Political Subdivision of the State of Oregon, Respondent.

Court of Appeals of Oregon.

Decided January 26, 1981.


Attorney(s) appearing for the Case

Charles P. Duffy, Portland, argued the cause for appellant. With him on the briefs were Kenneth M. Elliott, Certified Law Student, and O'Donnell, Rhoades, Gerber & Sullivan, Portland.

Jack L. Hoffman, Deputy County Counsel, Portland, argued the cause for respondent. With him on the brief was John B. Leahy, County Counsel, Portland.

Before RICHARDSON, P.J., and THORNTON and BUTTLER, JJ.


BUTTLER, Judge.

The issue on this appeal from a summary judgment for defendant is whether defendant, as a public body, is immune from tort liability by virtue of the discretionary act exception provided in ORS 30.265(3)(c).1 Because we conclude that it is not, we reverse and remand for further proceedings.2

Plaintiff filed this action for personal injuries and property damage alleged to have resulted...

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