Donaca v. Curry County

Plaintiff appealed the dismissal of his complaint seeking damages from Curry County for personal injuries sustained in a highway accident, which the circuit court held not to state ultimate facts sufficient to constitute a claim for relief. ORCP 21A.(8). The complaint alleged, in essence, that plaintiff, operating a motorcycle on a county road, collided with an automobile entering the road from a private roadway at an intersection which was obscured by tall grass growing on the right-of-way, that the defendant county was responsible for maintaining the grass and had done so in prior years,…