WAGGONER v. CITY OF WOODBURN

03C-10020; A123133.

103 P.3d 648 (2004)

196 Or. App. 715

Jean WAGGONER, Appellant, v. CITY OF WOODBURN, Respondent.

Court of Appeals of Oregon.

Decided December 29, 2004.


Attorney(s) appearing for the Case

J. Michael Alexander argued the cause and filed the briefs for appellant. With him on the briefs was Swanson, Lathen, Alexander & McCann, PC.

Bruce Mowrey argued the cause and filed the brief for respondent.

Before LANDAU, Presiding Judge, and BREWER, Chief Judge, and ARMSTRONG, Judge.


LANDAU, P.J.

Plaintiff was injured while using a swing at a public park. She initiated this action for negligence against defendant, the owner of the park. Defendant obtained summary judgment dismissing the claim on the ground that defendant is entitled to immunity under the state's recreational use statute, ORS 105.682. Plaintiff appeals, arguing that the immunity that the statute affords should apply only to undeveloped, rural land in its natural state, not to public...

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