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WEBB v. HIGHWAY DIV., ETC.

No. 79-2119; CA A20056.

641 P.2d 1158 (1982)

56 Or.App. 323

Dennis WEBB, Appellant, v. HIGHWAY DIVISION OF THE OREGON STATE DEPARTMENT OF TRANSPORTATION, Respondent.

Court of Appeals of Oregon.

Decided March 8, 1982.

Reconsideration Denied April 13, 1982.

Attorney(s) appearing for the Case

Raymond J. Conboy, Portland, argued the cause for appellant. With him on the briefs were Jan Thomas Baisch and Pozzi, Wilson, Atchison, Kahn & O'Leary, Portland.

Richard David Wasserman, Asst. Atty. Gen., Salem, argued the cause for respondent. With him on the brief were Dave Frohnmayer, Atty. Gen., and William F. Gary, Sol. Gen., Salem.

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

WARREN, Judge.

This is a personal injury action arising from a collision between a vehicle driven by defendant's employe and plaintiff's automobile. The trial court granted summary judgment for defendant on the ground that plaintiff did not comply with the Oregon Tort Claims Act notice requirement, ORS 30.275(1), which at the relevant time provided:

"Every person who claims damages from a public body or from an officer, employe or agent of a public body acting...

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