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HUGHES v. WILSON

(CC 0500174CC; CA A132266; SC S055326).

199 P.3d 305 (2008)

345 Or. 491

Gregory A. HUGHES and Laurie Ann Hughes, Petitioners on Review, v. Keith L. WILSON and Wasco County Public Works Department, Defendants, and Wasco County, Respondents on Review.

Supreme Court of Oregon, En Banc.

Decided December 18, 2008.

Attorney(s) appearing for the Case

Dean Heiling, Heiling Dwyer & Associates, Portland, argued the cause and filed the brief for petitioner on review. With him on the brief was Don S. Willner, Portland.

Stan LeGore, Miller & Wagner, LLP, Portland, argued the cause and filed the brief for respondent on review.

W. Eugene Hallman, Hallman & Dretke, Pendleton, filed a brief on behalf of amicus curiae Oregon Trial Lawyers Association.

Linda Wicks, Assistant Attorney General, Salem, filed a brief on behalf of amicus curiae State of Oregon. With her on the brief were Hardy Myers, Attorney General, and Mary H. Williams, Solicitor General.

WALTERS, J.

In this case, we consider a county's claim of immunity from civil liability under ORS 30.265(3)(c), Oregon's discretionary immunity statute.

Plaintiff Hughes was driving his motorcycle on Cherry Heights Road, a county road in Wasco County, when defendant Wilson drove out of a private driveway and the two vehicles collided. Plaintiff1 brought a personal injury action against Wilson, alleging that Wilson was at fault...

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