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BOX v. DEPT. OF OREGON STATE POLICE

A166624.

492 P.3d 685 (2021)

311 Or. App. 348

Bernadette BOX, Personal Representative of the Estate of Robert Clinton Box, Plaintiff-Appellant, v. State of Oregon, DEPARTMENT OF OREGON STATE POLICE, Defendant-Respondent.

Court of Appeals of Oregon.

May 12, 2021.

Attorney(s) appearing for the Case

Janet M. Schroer , Portland, argued the cause for appellant. Also on the opening brief were Mark Sherman and Hart Wagner LLP. Also on the combined reply and answering brief on cross-assignment were Hart Wagner LLP; David D. Park and Elliott & Park; and Richard D. Adams and Rogue Law Firm PC.

David B. Thompson , Assistant Attorney General, argued the cause for respondent. Also on the briefs were Ellen F. Rosenblum , Attorney General, and Benjamin Gutman , Solicitor General.

Before Shorr, Presiding Judge, and James, Judge, and Landau, Senior Judge.

Plaintiff is the personal representative for the estate of Robert Box. Box was shot and killed by Oregon State Police troopers outside his home. Plaintiff brought this wrongful death action against defendant State of Oregon, alleging that its troopers, West and Smyth, were negligent in their tactical approach to Box's home, and that...

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