Graham v. Multnomah County

Plaintiffs appeal, assigning error to the trial court’s allowance of the defendant county’s motion to dismiss their complaint for negligence. ORCP 21 A(8). The sole issue is whether plaintiffs’ allegations that their car was damaged by a county vehicle performing sanding operations sufficiently pleaded negligence under the “general foreseeability” analysis of Fazzolari v. Portland School District, 303 Or 1, 734 P2d 1326 (1987). We affirm.

The pertinent allegations of plaintiffs’ complaint are as follows:

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“On December 9, 1995, Plaintiff Jason Graham was operating Plaintiffs’ Thunderbird…