COOK v. SCHOOL DISTRICT UH3J

85-2023; CA A38382.

731 P.2d 443 (1987)

83 Or.App. 292

Robert COOK, Appellant, v. SCHOOL DISTRICT UH3J and Amity School District, Respondents.

Court of Appeals of Oregon.

Decided January 14, 1987.


Attorney(s) appearing for the Case

Brian D. Green, Lincoln City, argued the cause for appellant. With him on the brief was Lovejoy & Green, Lincoln City.

Keith J. Bauer, Salem, argued the cause for respondent School Dist. UH3J. With him on the brief were Billy M. Sime and Parks & Bauer, Salem.

Carl Rodrigues, Portland, argued the cause for respondent Amity School Dist. With him on the brief was Vergeer, Roehr & Sweek, Portland.

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


WARREN, Judge.

In this negligence case, plaintiff appeals from a judgment dismissing his complaint on the ground that it fails to allege facts adequate to state a claim. We affirm.

When considering a dismissal for failure to state a claim, we assume the truth of all factual allegations in the complaint and any facts that might fairly be adduced as proof of the allegations. Brennen v. City of Eugene, 285 Or. 401, 405,...

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