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SCOVILL v. CITY OF ASTORIA

90-2134; CA A75790.

878 P.2d 1127 (1994)

129 Or. App. 240

Marilyn Ann SCOVILL, By and Through the Personal Representative of her Estate, Naomi Scovill HUBBARD, Appellant, v. CITY OF ASTORIA, a municipal corporation, and James M. Guynup, Respondents.

Court of Appeals of Oregon.

Decided July 27, 1994.

Attorney(s) appearing for the Case

Joseph A. Di Bartolomeo, Portland, argued the cause for appellant. With him on the briefs was Patrick Lavis, P.C.

Janet M. Schroer, Portland, argued the cause for respondent City of Astoria. With her on the brief was Hoffman, Hart & Wagner.

Ken L. Ammann, Salem, argued the cause for respondent James M. Guynup. With him on the brief was Spooner & Much, P.C.

Before DEITS, P.J., and RICHARDSON, C.J., and RIGGS, J.

DEITS, Presiding Judge.

Plaintiff, the personal representative of the decedent, Scovill, brought this action against defendants City of Astoria and James Guynup. Plaintiff alleged that the city's police officers were negligent and had also committed a statutory tort under ORS 426.460 in allowing Scovill to leave a city police station rather than detain her when she was in a dangerously intoxicated state. After Scovill left...

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