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McCORMICK v. STATE

A159931.

427 P.3d 199 (2018)

293 Or.App. 197

Benjamin McCORMICK, Plaintiff-Appellant, v. STATE of Oregon, BY AND THROUGH the OREGON STATE PARKS AND RECREATION DEPARTMENT, Defendant-Respondent.

Court of Appeals of Oregon.

August 1, 2018.

Attorney(s) appearing for the Case

Shenoa Payne , Portland, argued the cause for appellant. Also on the opening brief was Haglund Kelley LLP. Also on the reply brief was Shenoa Payne Attorney at Law PC.

Peenesh Shah , Assistant Attorney General, argued the cause for respondent. Also on the brief were Ellen F. Rosenblum , Attorney General, and Paul L. Smith , Deputy Solicitor General.

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

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

Plaintiff was severely injured when, while visiting Cove Palisades State Park, he dove into Lake Billy Chinook and hit his head on a submerged boulder. He sued the state, alleging that the state's negligence causally contributed to his injuries in a number of ways. The state moved for summary...

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