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STEWART EX REL. HILL v. KRALMAN

CV061650; A140040.

248 P.3d 6 (2011)

240 Or. App. 510

Randall J. STEWART, Deceased, by and through Darlene HILL, Personal Representative of the Estate of Randall J. Stewart, Plaintiff-Appellant, v. Norman KRALMAN, Defendant-Respondent. Norman Kralman, Third-Party Plaintiff-Respondent, v. Oregon State Snowmobile Association and Tollgate Trailfinders Association, Third-Party Defendants-Respondents, and Karen Spence, Defendant.

Court of Appeals of Oregon.

Decided February 2, 2011.

Attorney(s) appearing for the Case

W. Eugene Hallman , Pendleton, argued the cause for appellant. With him on the briefs was Hallman & Dretke.

Janet M. Schroer , Portland, argued the cause for respondent Norman Kralman. With her on the brief were Marjorie A. Speirs and Hoffman Hart & Wagner LLP.

John Kaempf , Portland, argued the cause for respondents Oregon State Snowmobile Association and Tollgate Trailfinders Association. With him on the brief was Brooksby Kaempf PC.

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

ORTEGA, P.J.

Plaintiff was severely injured while riding his snowmobile on defendant's land. Plaintiff appeals a judgment that dismissed his negligence action on summary judgment on alternative theories. First, the trial court concluded that defendant was immune from liability under ORS 105.682(1) because plaintiff's injuries arose out of his use of defendant's land for a recreational purpose. Second, the trial court determined that, pursuant to ORS 105.696, if plaintiff...

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