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TURNER v. DEPT. OF TRANSPORTATION

CC 10C17842 CA A151193 SC S063319.

375 P.3d 508 (2016)

359 Or. 644

Tyler TURNER, Respondent on Review, v. STATE of Oregon, through its Department of Transportation, Petitioner on Review, and City of Depoe Bay and Lincoln County, Defendants-Respondents, and Carol Colip, Respondent on Review. City of Depoe Bay, et al., Cross-Plaintiffs, v. Carol Colip, et al., Cross-Defendants.

Supreme Court of Oregon.

May 26, 2016.

Attorney(s) appearing for the Case

Peenesh H. Shah , Assistant Attorney General, Salem, argued the cause and filed the brief for petitioner on review. With him on the brief were Ellen F. Rosenblum , Attorney General, and Paul L. Smith , Deputy Solicitor General.

W. Eugene Hallman , Hallman Law Office, Pendleton, argued the cause and filed the brief for respondent on review Tyler Turner. With him on the brief were William Keith Dozier , and Paulson & Coletti Trial Attorneys PC, Portland.

Thomas M. Christ , Cosgrave Vergeer Kester LLP, Portland, filed the brief for respondent on review Carol Colip. With him on the brief was Julie A. Smith.

Kathryn H. Clarke , Portland, filed the brief for amicus curiae Oregon Trial Lawyers Association.

En Banc.

In this personal injury action arising out of a motor vehicle accident, plaintiff Turner contended that defendant Oregon Department of Transportation (ODOT) had contributed to the accident by negligently failing to correct hazardous conditions at the highway intersection where he was injured. In a summary judgment motion, ODOT claimed...

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