Legal Opinion

Brewer v. Department of Fish & Wildlife

Court of Appeals of Oregon

Decided May 10, 2000No. 97-10-38339 and 97-10-38340 CA A103245 (Control) and CA A103246PublishedCited by 27 opinions

1Opinion of the Court

*176DE MUNIZ, J.

Plaintiffs appeal from the trial court’s dismissal of their claims for the wrongful deaths of Pamela Anne O’Connor and her daughter Caitlin Jean O’Connor. Plaintiffs are the personal representatives of the O’Connors’ estates. The O’Connors died while swimming in an area of Catherine Creek below a fish migration dam owned or maintained by the various defendants. Plaintiffs filed suit against numerous state agencies (state defendants) and the Swackhammer Ditch Improvement District (Swackhammer), alleging that defendants were negligent because the dam was built in such a manner that…

2Cases cited15 opinions

  1. Ailes v. Portland Meadows, Inc.Oregon Supreme Court · 1991
  2. Hale v. Port of PortlandOregon Supreme Court · 1989
  3. Josephs v. BurnsOregon Supreme Court · 1971
  4. Evanhoff v. State Industrial Accident CommissionOregon Supreme Court · 1915
  5. Noonan v. City of PortlandOregon Supreme Court · 1938

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3Cited by27 opinions

  1. Conant v. StroupCourt of Appeals of Oregon · 2002
  2. Gunn v. Lane CountyCourt of Appeals of Oregon · 2001
  3. American Federation of Teachers-Oregon v. Oregon Taxpayers United PacCourt of Appeals of Oregon · 2006
  4. Liberty v. StateCourt of Appeals of Oregon · 2005
  5. Waggoner v. City of WoodburnCourt of Appeals of Oregon · 2004

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