VAN GORDON v. PORTLAND GENERAL ELEC.

TC A70902-00508; CA 19901, SC 29098.

662 P.2d 714 (1983)

294 Or. 761

Brock A. VAN GORDON, by Elizabeth Ann Van Gordon, His Guardian Ad Litem, Respondent, Petitioner On Review, v. PORTLAND GENERAL ELECTRIC COMPANY, a Corporation, Appellant, Respondent On Review. Portland General Electric Company, a Corporation, Appellant, v. Kino Barker and Helen Barker, Respondents.

Supreme Court of Oregon.

Argued and Submitted March 7, 1983.


Attorney(s) appearing for the Case

Janet C. Neuman, Portland, argued the cause for respondent, petitioner on review. With her on the petition for review and briefs were Barbee B. Lyon and Tonkon, Torp, Galen, Marmaduke & Booth, Portland.

John R. Faust, Jr., Portland, argued the cause and filed the briefs for appellant, respondent on review. With him on the briefs were Schwabe, Williamson, Wyatt, Moore & Roberts, Buell, Black, Gates & Dupuy, and James K. Buell, Portland.

Margaret H. Leek Leiberan, Portland, filed a brief for respondents Barker. With her on the brief was Lang & Smith, Portland.

Before LENT, C.J., and PETERSON, CAMPBELL, ROBERTS, CARSON and JONES, JJ.


CAMPBELL, Justice.

Plaintiff Brock Van Gordon was burned in the hot water at Austin Hot Springs, a park owned and operated by Portland General Electric. He contends that PGE was liable under a statute which exonerated the owners of recreational land from liability for negligent conduct but retains liability for injuries arising from reckless conduct. He contends PGE was reckless in failing to warn of the dangers at this park. A jury agreed and awarded damages. PGE...

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