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ORTEGA v. MARTIN

A159190.

427 P.3d 1103 (2018)

293 Or.App. 180

Cole A. ORTEGA, Plaintiff-Respondent Cross-Appellant, v. Darrell D. MARTIN, Defendant, and State of Oregon, Defendant-Appellant Cross-Respondent.

Court of Appeals of Oregon.

August 1, 2018.

Attorney(s) appearing for the Case

Peenesh Shah , Assistant Attorney General, argued the cause for appellant-cross-respondent. On the opening brief were Ellen F. Rosenblum , Attorney General, Paul L. Smith , Deputy Solicitor General, and Denise G. Fjordbeck , Assistant Attorney General. Also on the reply-cross answering brief were Ellen F. Rosenblum, Attorney General, Benjamin Gutman , Solicitor General, and Denise G. Fjordbeck, Assistant Attorney General.

Helen C. Tompkins , Lake Oswego, argued the cause and filed the briefs for respondent-cross-appellant.

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

Before DeHoog, Presiding Judge, and Lagesen, Judge, and Aoyagi, Judge.

While surfing in Pacific City, plaintiff collided with a dory boat, sustaining severe injuries. He sued the state, alleging that it had been negligent in failing to provide adequate warnings of the risk posed by dory boats to surfers. After the trial court rejected the state's immunity defenses, a jury returned a verdict for plaintiff...

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