Nylander v. State

*256LINDE, J.

Plaintiff is the personal representative of the estate of Rachel Gretz, who was killed in an automobile collision on an icy bridge on a state highway. Plaintiff brought an action for damages under the Oregon Tort Claims Act, ORS 30.260 - 30.300, charging the state with negligence in failing to sand the surface of the highway and bridge and failing to post warnings of the icy conditions. After a verdict for defendant, plaintiff appealed upon the sole ground that the trial court erred in instructing the jury that the state had no duty to post warning signs if the decedent knew or…