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PAGE v. SPARLING

144,008, CA A38756.

741 P.2d 535 (1987)

87 Or.App. 118

Joann PAGE, Personal Representative of the Estate of Perry William Page, Deceased, Appellant, v. Bradford Marvin SPARLING; Sea Galley Stores of Oregon, Inc., a Corporation, Defendants, and State of Oregon, Respondent.

Court of Appeals of Oregon.

Decided August 26, 1987.

Reconsideration Denied October 16, 1987.

Attorney(s) appearing for the Case

A. Carl Myers, Salem, for appellant. With him on brief was Ramsay, Stein, Feibleman & Myers, P.C., Salem.

Robert M. Atkinson, Asst. Atty. Gen., Salem, for respondent. With him on brief, were Dave Frohnmayer, Atty. Gen., and Virginia L. Linder, Sol. Gen., Salem.

Before WARDEN, P.J., and VAN HOOMISSEN and YOUNG, JJ.

YOUNG, Judge.

In this wrongful death action, plaintiff appeals from a judgment in favor of defendant State of Oregon. The primary issue is whether the state is immune from liability under ORS 30.265(3)(c), the "discretionary function" exception to liability under the Tort Claims Act. We hold that the state is not immune and reverse.

In March, 1983, plaintiff's decedent died from injuries suffered when a car driven...

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