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TIMBERLAKE v. WASHINGTON COUNTY

C063473CV, A136851.

209 P.3d 398 (2009)

228 Or. App. 607

Patricia L. TIMBERLAKE, as personal representative for the ESTATE OF Matthew R. LYON, deceased, Plaintiff-Appellant, v. WASHINGTON COUNTY, Defendant-Respondent.

Court of Appeals of Oregon.

Decided May 27, 2009.

Attorney(s) appearing for the Case

Linda K. Eyerman, Portland, argued the cause for appellant. With her on the briefs was Gaylord Eyerman Bradley, P.C.

William G. Blair, Senior Assistant County Counsel, argued the cause for respondent. With him on the brief was Dan R. Olsen, County Counsel, Office of County Counsel.

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

LANDAU, P.J.

This is a wrongful death action arising out of a vehicle collision on a public road over which defendant Washington County had jurisdiction and maintenance authority. Plaintiff, the personal representative of the individual killed in the collision, alleges that the county was negligent in failing to remove foliage that had grown at the site of the collision and that blocked visibility from the vehicle with which the decedent collided. The county moved...

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