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MCCORMICK v. STATE

Nos. (CC 14CV00131), (CA A159931), (SC S066206).

466 P.3d 10 (2020)

366 Or. 452

Benjamin MCCORMICK, Respondent on Review, v. STATE of Oregon, BY AND THROUGH the OREGON STATE PARKS AND RECREATION DEPARTMENT, Petitioner on Review.

Supreme Court of Oregon, En Banc.

May 21, 2020.

Attorney(s) appearing for the Case

Peenesh Shah , Assistant Attorney General, Salem, argued the cause and filed the briefs for petitioner on review. Also on the briefs were Ellen F. Rosenblum , Attorney General, Benjamin Gutman , Solicitor General, and Jordan R. Silk , Assistant Attorney General.

Shenoa Payne , Richardson Wright LLP, Portland, Oregon, argued the cause and filed the brief for respondent on review.

Michael J. Jeter , Assistant Deputy City Attorney, City of Portland, Portland, filed the brief for amicus curiae City of Portland. Also on the brief was Denis M. Vannier , Senior Deputy City Attorney.

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

Cortney D. Duke-Driessen , Washington County Counsel, Hillsboro, filed the brief for amici curiae Oregon Association of Counties, League of Oregon Cities, & Special Districts Association of Oregon. Also on the brief was Christopher Gilmore , Senior Assistant County Counsel.

James A. Fraser , Bend, filed the brief for amicus curiae Bend Park and Recreation District. Also on the brief was Mark G. Reinecke.

This case concerns the scope of the recreational immunity statute, ORS 105.682. As relevant here, that statute limits an owner's liability for injuries on its land if it "directly or indirectly permits" the public to use the land for recreational purposes. Plaintiff brought this action against the state for injuries he sustained while...

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