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ESPINOSA v. SOUTHERN PAC. TRANSP. CO.

No. A7705-06426; CA 12346.

624 P.2d 162 (1981)

50 Or.App. 561

John ESPINOSA, Personal Representative of the Estate of Christina Marie Espinosa, Deceased, Respondent Cross-Respondent, Cross-Appellant, v. SOUTHERN PACIFIC TRANSPORTATION COMPANY, a Delaware Corporation, Respondent Cross-Appellant, and School District No. 40, McMinnville, Appellant Cross-Respondent.

Court of Appeals of Oregon, In Banc.

Resubmitted February 12, 1981.

Decided February 18, 1981.

Reconsideration Denied April 9, 1981.

Review Allowed May 5, 1981.

Attorney(s) appearing for the Case

William H. Morrison, Portland, argued the cause for appellant cross-respondent. On the briefs were G. Kenneth Shiroishi and Morrison, Dunn, Cohen, Miller & Carney, Portland.

James H. Clarke, Portland, argued the cause for respondent cross-appellant. With him on the briefs were Laurence F. Janssen and Spears, Lubersky, Campbell & Bledsoe, Portland.

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

The appeal filed by School Dist. No. 40, McMinnville, on October 23, 1978, was dismissed June 4, 1980.

Resubmitted In Banc February 12, 1981.

BUTTLER, Judge.

This case requires us to examine for the first time the dollar limitations on tort liability of governmental agencies in ORS 30.270. Two related issues are presented. The first is whether the statutory dollar limitation is waived if it is not asserted before judgment. The second is whether the legislature intended that the ceiling on the amount of liability be held to be waived when a government exercises...

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