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SMITH v. BEND METROPOLITAN PARK

08CV0777AB; A146575.

268 P.3d 789 (2011)

247 Or. App. 187

Erin SMITH, Plaintiff-Appellant, v. BEND METROPOLITAN PARK AND RECREATION DISTRICT, a municipal corporation, Defendant-Respondent.

Court of Appeals of Oregon.

Decided December 14, 2011.

Attorney(s) appearing for the Case

Tim Williams , Bend, argued the cause for appellant. With him on the briefs was Dwyer Williams Potter Attorneys, LLP.

Thomas W. McPherson , Portland, argued the cause for respondent. With him on the brief was Mersereau Shannon, LLP.

Before SCHUMAN, Presiding Judge, and WOLLHEIM, Judge, and NAKAMOTO, Judge.

SCHUMAN, P.J.

While running to prevent a child from falling into the water at a city swimming pool, plaintiff slipped on a "splash pad" and slid into a slightly elevated fountain fixture, seriously injuring her ankle. She brought this negligence action against defendant, the City of Bend Metropolitan Park and Recreation District, alleging four specifications of negligence.1 Two dealt with defendant's decisions to choose and place the fountain...

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