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MILLER v. GRANTS PASS IRRIGATION

Nos. 77 716 L, 77 731 L; CA No. A22052.

663 P.2d 30 (1983)

62 Or.App. 747

Robert MILLER, Appellant, v. GRANTS PASS IRRIGATION DISTRICT, a quasi-municipal corporation, and the State of Oregon, Respondents. Lisa MILLER, a Minor, By and Through her guardian ad litem Robert MILLER, Appellant, v. GRAMTS PASS IRRIGATION DISTRICT, a quasi-municipal corporation, and the State of Oregon, Respondents.

Court of Appeals of Oregon.

Decided April 27, 1983.

Attorney(s) appearing for the Case

Joan L. Volpert, Portland, argued the cause for appellants. With her on the briefs were Lloyd B. Ericsson and Martin, Bischoff, Templeton, Biggs & Ericsson, Portland.

William V. Deatherage, Medford, argued the cause for respondent Grants Pass Irrigation Dist. With him on the brief was Frohnmayer, Deatherage, deSchweinitz & Eads, Medford.

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

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

WARREN, Judge.

This action for damages for personal injuries is before this court for a second time. Plaintiffs were injured in June, 1976, when their boat was swept over the Savage Rapids Dam by the current of the Rogue River. They brought this action against Grants Pass Irrigation District (district) and the State of Oregon for injuries allegedly resulting from defendants' negligent and reckless conduct and maintenance of a nuisance. The trial court granted summary...

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