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JOHN v. CITY OF GRESHAM

030809120; A128278.

165 P.3d 1177 (2007)

214 Or. App. 305

Lisa Ann JOHN, guardian ad litem for Michael Schlarp, a Minor Child, Plaintiff-Appellant, v. CITY OF GRESHAM and Multnomah County, Defendants-Respondents, and Shirley Jean Gepner, Department of Transportation, Tri-Met, Portland General Electric Company, and Metro, Defendants.

Court of Appeals of Oregon.

Decided August 1, 2007.

Attorney(s) appearing for the Case

Todd S. Baran argued the cause and filed the briefs for appellant.

Stan LeGore, Portland, argued the cause for respondent City of Gresham. With him on the brief was Miller & Wagner LLP.

Susan M. Dunaway, Assistant County Attorney, argued the cause for respondent Multnomah County. With her on the brief was Anges Sowle, County Attorney.

Before LANDAU, Presiding Judge, and SCHUMAN and ORTEGA, Judges.

LANDAU, P.J.

This is a personal injury case in which a pedestrian, plaintiff's son, was struck by a car when crossing a street in a painted crosswalk that was part of a traffic improvement project constructed by defendants, the City of Gresham and Multnomah County. Plaintiff's theory is that both the city and the county were negligent in designing the intersection to include a mere painted crosswalk, which gave pedestrians like her son a false sense of security in...

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