WALKER v. MITCHELL

CV92-368; CA A83390.

891 P.2d 1359 (1995)

133 Or. App. 565

Tammy Jo WALKER and Sherri Marshall, Co-Personal Representatives of the Estate of Debby Norman, Deceased, Appellants, v. Bryce MITCHELL and Barbara Mitchell, husband and wife, Robert McMenamin, Personal Representative of the Estate of Jerry Merin, Defendants, and State of Oregon, by and through the Department of Transportation, Aeronautics Division, Respondent.

Court of Appeals of Oregon.

Decided March 22, 1995.


Attorney(s) appearing for the Case

Susan D. Marmaduke, Portland, argued the cause for appellants. With her on the briefs were J. Richard Urrutia and James, Denecke & Harris.

John T. Bagg, Asst. Atty. Gen., argued the cause for respondent. With him on the brief were Theodore R. Kulongoski, Atty. Gen., and Virginia L. Linder, Sol. Gen.

Before DEITS, P.J., and RIGGS and HASELTON, JJ.


HASELTON, Judge.

Plaintiffs in this wrongful death action appeal from a summary judgment for defendant State of Oregon, granted on the grounds that the State Aeronautics Division had not acted negligently and that, in any event, the division was immune from liability. We reverse and remand.

Plaintiffs' decedent was a passenger in a small airplane that crashed shortly after taking off from an airstrip at the Flying M Ranch, a restaurant and resort facility...

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