HUTCHESON v. CITY OF KEIZER

(97C-10988; CA A102696)

8 P.3d 1010 (2000)

169 Or. App. 510

Harold and Betty HUTCHESON, husband and wife; Jim and Anne Trimble, husband and wife; and Tim and Deanna Tornow, husband and wife, Respondents—Cross-Appellants, v. CITY OF KEIZER, a municipal corporation, Appellant—Cross-Respondent, and Multi/Tech Engineering Services, Inc.; Tran Co.; C.A.W.S., Inc.; and Lawrence T. Epping and Jeanette T. Epping, dba Granada Land Company, Defendants.

Court of Appeals of Oregon.

Decided August 30, 2000.


Attorney(s) appearing for the Case

Robert E. Franz, Jr., Springfield, argued the cause for appellant—cross-respondent. On the briefs was Kathryn D. Piele.

Norman R. Hill, Salem, argued the cause and filed the briefs for respondents—cross-appellants.

Before HASELTON, Presiding Judge, and WOLLHEIM and KISTLER, Judges.


HASELTON, P.J.

Defendant, City of Keizer (the City), appeals from a judgment for plaintiffs, homeowners, on a negligence action arising out of the flooding of the Country Glen Estates subdivision in 1996. The City contends, inter alia, that it was immune from liability pursuant to the discretionary function immunity provision of the Oregon Tort Claims Act (OTCA), ORS 30.265, and that the court erred in giving a "less satisfactory evidence" instruction. Plaintiffs...

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