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FUHRER v. GEARHART BY THE SEA, INC.

CC 84-181; CA A33304.

719 P.2d 1305 (1986)

79 Or.App. 550

Myrna FUHRER, Personal Representative of the Estate of Arthur Fuhrer, Deceased, Appellant, v. GEARHART BY THE SEA, INC., an Oregon corporation; the Department of Transportation, State of Oregon, Respondents, and Clatsop County, Oregon, Defendant.

Court of Appeals of Oregon.

Decided June 4, 1986.

Attorney(s) appearing for the Case

William G. Earle, Portland, argued the cause for respondent Gearhart by the Sea, Inc., an Oregon corporation. With him on the brief was Hallmark, Griffith & Keating, P.C., Portland.

Linda DeVries Grimms, Asst. Atty. Gen., Salem, argued the cause for respondent Department of Transp., State of Oregon. With her on the brief were Dave Frohnmayer, Atty. Gen., and James E. Mountain, Jr., Sol. Gen., Salem.

Elden M. Rosenthal, Portland, argued the cause for appellant. With him on the briefs were Rosenthal & Greene, P.C., Portland, and Daniel M. Berger, and Berger, Kapetan, Malakoff & Meyers, P.C., Pittsuburgh, Pa.

Before BUTTLER, P.J., JOSEPH, C.J., and ROSSMAN, J.

JOSEPH, Chief Judge.

Plaintiff brought this action against Gearhart By The Sea (Gearhart), the State of Oregon and Clatsop County to recover damages for the wrongful death of her husband, who drowned while aiding in the rescue of three children swimming in the ocean. Plaintiff, decedent and the three children (unrelated to them) were guests at Gearhart, which has direct access to the beach. Plaintiff's complaint alleged that the careless, reckless and negligent conduct...

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