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McALPINE v. MULTNOMAH COUNTY

(C93-0353CV and C93-1019CV; CA A90656(Control) and CA A90657)

999 P.2d 522 (2000)

166 Or. App. 472

Robert McALPINE, Appellant, v. MULTNOMAH COUNTY, Respondent. Judith McAlpine, Appellant, v. Multnomah County, Respondent.

Court of Appeals of Oregon.

Decided April 12, 2000.

Attorney(s) appearing for the Case

J. William Savage argued the cause for appellants. With him on the opening brief was Rieke & Savage, P.C. On the reply brief were Paul G. Ellis and Rieke & Savage, P.C.

Susan M. Dunaway, Assistant County Counsel, argued the cause for respondents. With her on the brief was Thomas Sponsler, County Counsel, for Multnomah County, Oregon.

Before De MUNIZ, Presiding Judge, and HASELTON and WOLLHEIM, Judges.

De MUNIZ, P.J.

In these consolidated negligence actions, plaintiffs appeal from a judgment dismissing their complaints for failure to state ultimate facts sufficient to constitute a claim. ORCP 21 A(8). The issue is whether defendant Multnomah County may be held liable for the harm plaintiffs suffered at the hands of Charlesworth, a parolee, based on section 319 of the Restatement (Second) of Torts (1974), or because defendant's actions created a reasonably...

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