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PRAGGASTIS v. CLACKAMAS COUNTY

CC 84-3-107; CA A41362; SC S34531.

752 P.2d 302 (1988)

305 Or. 419

Kay PRAGGASTIS, Petitioner On Review, v. CLACKAMAS COUNTY, a Municipal Corporation, Respondent On Review.

Supreme Court of Oregon, In Banc.

Decided March 29, 1988.

Attorney(s) appearing for the Case

Cynthia L. Barrett, Portland, argued the cause and filed the petition for petitioner on review.

Miles A. Ward, Asst. County Counsel, Oregon City, argued the cause and filed a response to the petition for respondent on review.

JONES, Justice.

The question we address is whether a county will be protected by judicial immunity when the county is sued under the Oregon Tort Claims Act (OTCA), ORS 30.260 to 30.300, for the alleged negligence of an employee of the county clerk's office, serving as a clerk of the circuit court, when the clerk does not docket a dissolution decree incorporating a property settlement agreement because of existing instructions...

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