HICKEY v. UNION PACIFIC RAILROAD CO.

CV87-908; CA A51046.

803 P.2d 275 (1990)

104 Or. App. 724

Sandra L. HICKEY, Personal Representative of the Estate of Danny Michael Hickey, deceased, Appellant, v. UNION PACIFIC RAILROAD COMPANY, a corporation, Umatilla County, Oregon, the City of Hermiston, and the Public Utility Commissioner of the State of Oregon, Respondents, and James E. Delp, Jr., dba Frank's Sewer Service, Defendant.

Court of Appeals of Oregon.

Decided December 19, 1990.


Attorney(s) appearing for the Case

Garry L. Reynolds, Hermiston, argued the cause and filed the briefs for appellant.

Thomas W. Brown, Portland, argued the cause for respondent Union Pacific R. Co. With him on the brief was Cosgrave, Kester, Crowe, Gidley & Lagesen, Portland.

I. Franklin Hunsaker, Portland, argued the cause for respondents Umatilla County and City of Hermiston. With him on the brief were Douglas R. Andres, Lisa E. Lear and Bullivant, Houser, Bailey, Pendergrass & Hoffman, Portland.

Jas. Adams, Asst. Atty. Gen., Salem, argued the cause for respondent Public Utility Com'r of the State of Or. With him on the brief were Dave Frohnmayer, Atty. Gen. and Virginia L. Linder, Sol. Gen., Salem.

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


DEITS, Judge.

Plaintiff, as personal representative of the estate of her husband (decedent), seeks damages for his death against City of Hermiston (City), Umatilla County (County), the Public Utility Commissioner (PUC), Union Pacific Railroad (Railroad) and James Delp.1 The trial court dismissed with prejudice the claims against city, county and PUC on the ground that those defendants are immune...

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