Jungen v. State of Oregon

Plaintiffs appeal from an ORCP 67B judgment granting the state’s motion to dismiss a claim on the ground that the state is immune from liability under ORS 30.265(3)(a).

We affirm.

Alfred Jungen, an employe of a California corporation, was fatally injured when the tractor he was driving overturned on an Oregon state highway. His employer’s workers’ compensation carrier paid benefits to his surviving spouse, who, as administratrix of his estate, brings this wrongful death action against the state, alleging that it negligently constructed and repaired the road. Fremont Indemnity Company, claiming…