STEWART EX REL. HILL v. Kralman

Plaintiff was severely injured while riding his snowmobile on defendant’s land. Plaintiff appeals a judgment that dismissed his negligence action on summary judgment on alternative theories. First, the trial court concluded that defendant was immune from liability under ORS 105.682(1) because plaintiffs injuries arose out of his use of defendant’s land for a recreational purpose. Second, the trial court determined that, pursuant to ORS 105.696, if plaintiff was on defendant’s land closed to the public, he was a trespasser and defendant only owed plaintiff a duty not to injure him by willful…