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BUCHLER v. OREGON CORRECTIONS DIV.

87-2012; 87-2024; CA A60439.

803 P.2d 733 (1990)

104 Or. App. 547

Albert BUCHLER, Personal Representative for the Estate of Beverly A. Buchler, Deceased, Appellant, v. STATE of Oregon, By and Through the OREGON CORRECTIONS DIVISION; Oregon Department of Forestry, Respondents, and County of Tillamook; David Wilson, Sheriff of Tillamook County, Defendants. Charles A. SEELING, Appellant, v. STATE of Oregon, By and Through the OREGON CORRECTIONS DIVISION; Oregon Department of Forestry, Respondents, and County of Tillamook; David Wilson, Sheriff of Tillamook County; and Marjorie Miller, Defendants.

Court of Appeals of Oregon.

Decided December 12, 1990.

Reconsideration Denied March 6, 1991.

Attorney(s) appearing for the Case

Ted E. Runstein, Portland, argued the cause for appellants. With him on the brief were David C. Noren, Kell, Alterman & Runstein, Portland, and John H. Tuthill, Tillamook.

Rives Kistler, Asst. Atty. Gen., Salem, argued the cause for respondents. With him on the brief were Dave Frohnmayer, Atty. Gen., and Virginia L. Linder, Sol. Gen., Salem.

Before JOSEPH, C.J., and RIGGS and EDMONDS, JJ.

JOSEPH, Chief Judge.

In these consolidated actions for wrongful death and personal injury caused by an escaped prisoner, plaintiffs appeal a summary judgment for defendants State of Oregon and Oregon Department of Forestry (defendant).1 We review in the light most favorable to plaintiffs and draw all reasonable inferences in their favor in determining whether defendant established that there are no genuine issues of material fact and that...

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