WASHA v. OREGON DEPARTMENT OF CORRECTIONS

(94C-10004, 94C-10005; CA A93626 (Control), A93627)

979 P.2d 273 (1999)

159 Or. App. 207

John WASHA, Jr., Personal Representative of the Estate of Holly Carol Washa, Respondent, v. OREGON DEPARTMENT OF CORRECTIONS, Appellant, and Donald S. Crane, M.D., Defendant. Oregon Department of Corrections, Third-Party Plaintiff, v. Cal C. Brown, Third-Party Defendant. Susan Schnell, Respondent, v. Oregon Department of Corrections, Appellant.

Court of Appeals of Oregon.

Decided March 17, 1999.


Attorney(s) appearing for the Case

Jas. Adams, Assistant Attorney General, argued the cause for appellant. With him on the briefs were Hardy Myers, Attorney General, and Virginia L. Linder, Solicitor General.

Jess M. Glaeser, Portland, argued the cause and filed the brief for respondents.

Before De MUNIZ, Presiding Judge, and DEITS, Chief Judge, and HASELTON, Judge.


HASELTON, J.

Defendant, Oregon Department of Corrections (DOC), appeals from a judgment for damages resulting from violent crimes that a parolee committed while under DOC's supervision. We agree with defendant that it had not "taken charge" of the parolee within the meaning of section 319 of the Restatement (Second) of Torts (1965). However, we also conclude that the harm plaintiffs suffered was a reasonably foreseeable consequence of defendant's inadequate...

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