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SHERMAN v. STATE BY DEPT. OF HUMAN SERVS.

(CC 17CV35975) (SC S067742).

492 P.3d 31 (2021)

368 Or. 403

Janae SHERMAN, Respondent on Review, v. STATE of Oregon, acting BY AND THROUGH DEPARTMENT OF HUMAN SERVICES, a state agency, Petitioner on Review.

Supreme Court of Oregon, En Banc.

July 29, 2021.

Attorney(s) appearing for the Case

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

Carl Post , Law Offices of Daniel Snyder, Portland, argued the cause and filed the brief for respondent on review.

Kristian Roggendorf , The Zalkin Law Firm PC, Evergreen, Colorado, filed the brief for amicus curiae Oregon Trial Lawyers Association.

Plaintiff brought child abuse claims against a public body, the Department of Human Services (defendant), alleging that it had negligently failed to protect her from abuse while she was in foster care. Defendant moved to dismiss, asserting that it was immune from liability under a provision of the Oregon Tort Claims Act, ORS 30.265...

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