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MOXNESS v. CITY OF NEWPORT

84-0333; CA A37936.

748 P.2d 1014 (1988)

89 Or.App. 265

Marilyn Kay MOXNESS, Respondent, v. CITY OF NEWPORT, a Municipal Subdivision, Respondent, and State of Oregon, Appellant.

Court of Appeals of Oregon.

Decided January 27, 1988.

Attorney(s) appearing for the Case

Philip Schradle, Asst. Atty. Gen., Salem, argued the cause for appellant. With him on the briefs were Dave Frohnmayer, Atty. Gen., and Virginia L. Linder, Sol. Gen., Salem.

No appearance for respondent Marilyn Kay Moxness.

I. Franklin Hunsaker, Portland, argued the cause for respondent City of Newport. With him on the brief were Ronald E. Bailey, Douglas R. Andres and Bullivant, Houser, Bailey, Hanna, Pendergrass, Hoffman, O'Connell & Goyak, Portland.

Before RICHARDSON, P.J., and NEWMAN and DEITS, JJ.

RICHARDSON, Presiding Judge.

The city of Newport (city) seeks indemnity from state for liability which it incurred when a state road sign fell and injured plaintiff. At issue is whether city was acting as state's agent when it re-erected the sign shortly before the accident. We affirm the summary judgment requiring state to indemnify city.

The sign, which marked the entrance to a parking lot for the Motor Vehicles Division and State Police offices in Newport...

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