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RAMIREZ v. HAWAII T & S ENTERPRISES, INC.

9808-06383; A110037

39 P.3d 931 (2002)

179 Or. App. 416

Ruth Thomas RAMIREZ, Appellant, v. HAWAII T & S ENTERPRISES, INC., a Hawaii corporation; and City of Portland, Respondents.

Court of Appeals of Oregon.

Decided February 6, 2002.

Attorney(s) appearing for the Case

J. Michael Mattingly argued the cause for appellant. With him on the brief was Seidl & Rizzo, LLP, Portland.

Thomas W. Sondag argued the cause for respondent Hawaii T & S Enterprises, Inc. With him on the brief was Lane Powell Spears Lubersky LLP, Portland.

Harry Auerbach, Senior Deputy City Attorney, argued the cause and filed the brief for respondent City of Portland.

Before WOLLHEIM, Presiding Judge, DEITS, Chief Judge, and SCHUMAN, Judge.

SCHUMAN, J.

Plaintiff fell and fractured her ankle after stepping on a broken curb at a downtown Portland intersection. She sued the City of Portland (the city) and the owner of the adjacent property, Hawaii T & S Enterprises, Inc. (T & S). Both defendants moved for summary judgment. The city maintained that it was immune from liability under the Oregon Tort Claims Act. T & S argued that the ordinance on which plaintiff based what she called a "statutory...

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