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SCOVILL v. CITY OF ASTORIA

CC 90-2134; CA A75790; SC S41871.

921 P.2d 1312 (1996)

324 Or. 159

Marilyn Ann SCOVILL, by and through the Personal Representative of her Estate, Naomi Scovill HUBBARD, Respondent on Review, v. CITY OF ASTORIA, a municipal corporation, Petitioner on Review, and James M. Guynup, Respondent.

Supreme Court of Oregon.

Decided September 6, 1996.

Attorney(s) appearing for the Case

Janet Schroer, of Hoffman, Hart & Wagner, Portland, argued the cause and filed the petition for petitioner on review.

Joseph A. Di Bartolomeo, of Patrick Lavis, P.C., Astoria, argued the cause and filed the brief for respondent on review.

Maureen Leonard, Portland, filed a brief on behalf of amicus curiae Oregon Trial Lawyers Association. With her on the brief was Kathryn H. Clarke.

Before CARSON, C.J., and GILLETTE, VAN HOOMISSEN, FADELEY, GRABER, and DURHAM, JJ.

FADELEY, Justice.

In this tort case, Marilyn Scovill, while intoxicated, walked into a city street against a red light and was struck and killed by an oncoming vehicle. This case arises out of the fact that Scovill died just after leaving the City of Astoria's police station. The city is the defendant here because police officers employed by it failed to take Scovill into protective custody or to a treatment facility for...

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