Page v. Sparling

In this wrongful death action, plaintiff appeals from a judgment in favor of defendant State of Oregon. The primary issue is whether the state is immune from liability under ORS 30.265(3)(c), the “discretionary function” exception to liability under the Tort Claims Act. We hold that the state is not immune and reverse.

In March, 1983, plaintiffs decedent died from injuries suffered when a car driven by defendant Sparling struck a car that decedent was driving. Sparling was intoxicated. He was driving a car provided to him by the Workers’ Compensation Department (department) as part of a…