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BREWER v. DEPT. OF FISH AND WILDLIFE

(97-10-38339 and 97-10-38340; CA A103245 (Control) and CA A103246).

2 P.3d 418 (2000)

167 Or. App. 173

Rustin A. BREWER, as Personal Representative for the Estate of Caitlin Jean O'Connor, Deceased, Appellant, v. DEPARTMENT OF FISH AND WILDLIFE; Fish and Wildlife Commission; Department of Transportation; Oregon Transportation Commission; Swackhammer Ditch Improvement District and State Parks & Recreation Department, Respondents. Michael O'Connor, as Personal Representative for the Estate of Pamela Anne O'Connor, Deceased, Appellant, v. Department of Fish and Wildlife; Fish and Wildlife Commission; Department of Transportation; Oregon Transportation Commission; Swackhammer Ditch Improvement District and State Parks & Recreation Department, Respondents.

Court of Appeals of Oregon.

Decided May 10, 2000.

Attorney(s) appearing for the Case

W. Eugene Hallman, Pendleton, argued the cause and filed the briefs for appellants.

Jas. Jeffrey Adams, Assistant Attorney General, argued the cause for respondents Department of Fish and Wildlife, Fish and Wildlife Commission, Department of Transportation, Oregon Transportation Commission, and State Parks & Recreation Department. With him on the brief were Hardy Myers, Attorney General, and Michael D. Reynolds, Solicitor General.

G. Kenneth Shiroishi, Portland, argued the cause for respondent Swackhammer Ditch Improvement District. With him on the brief were Dunn Carney Allen Higgins & Tongue.

Before LANDAU, Presiding Judge, and De MUNIZ and LINDER, Judges.

De MUNIZ, J.

Plaintiffs appeal from the trial court's dismissal of their claims for the wrongful deaths of Pamela Anne O'Connor and her daughter Caitlin Jean O'Connor. Plaintiffs are the personal representatives of the O'Connors' estates. The O'Connors died while swimming in an area of Catherine Creek below a fish migration dam owned or maintained by the various defendants. Plaintiffs filed suit against numerous state agencies (state defendants) and the Swackhammer...

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