CANELL v. STATE OF OREGON

00C-13453; A114144.

58 P.3d 847 (2002)

185 Or.App. 174

Alvin CANELL, Appellant, v. STATE of Oregon and V. Brownley, a Correctional Officer, Respondents.

Court of Appeals of Oregon.

Decided November 27, 2002.


Attorney(s) appearing for the Case

Alvin H. Canell filed the briefs pro se.

Hardy Myers, Attorney General, Mary H. Williams, Solicitor General, and Robert B. Rocklin, Assistant Attorney General, filed the brief for respondents.

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


LINDER, J.

Plaintiff filed a tort action against the state and a named correctional officer alleging various acts of negligence that, in effect, resulted in the misplacement of his eyeglasses when he was moved from one housing unit to another at the Oregon State Penitentiary. The trial court granted the state's motion for judgment on the pleadings, which, on appeal, the state concedes was error. For the reasons described below, we accept the state's concession and...

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