COLEMAN v. OREGON PARKS AND REC. DEPT.

(CC 05CV0272; CA A131472; SC S056563).

217 P.3d 651 (2009)

347 Or. 94

Bradley COLEMAN and Bonnie Coleman, husband and wife, Petitioners on Review, v. OREGON PARKS AND RECREATION DEPARTMENT, by and through the STATE of Oregon, and John Does 1-3, Respondents on Review.

Supreme Court of Oregon.

Decided September 24, 2009.


Attorney(s) appearing for the Case

George W. Kelly, Eugene, argued the cause and filed the brief for petitioners on review.

David B. Thompson, Assistant Attorney General, Salem, argued the cause for respondents on review. With him on the brief were John R. Kroger, Attorney General, and Erika L. Hadlock, Acting Solicitor General.

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


WALTERS, J.

A landowner is immune from suit for injuries that arise out of the recreational use of its land when the owner "permits any person to use the land for recreational purposes[.]" ORS 105.682(1). However, that immunity applies only if the landowner "makes no charge for permission to use the land[.]" ORS 105.688(2)(a). In this action for injuries arising out of plaintiffs' use of a state park, the trial court granted summary judgment for the state, concluding...

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