Legal Opinion
Mayse v. Coos County
Court of Appeals of Oregon
Decided August 22, 1978No. 77-73 C.A. 9491PublishedCited by 5 opinions
1Opinion of the CourtTanzer, J.
This is a negligence action, against Coos County and its agent, in which plaintiff seeks to recover for personal injuries and property damage allegedly caused by the County’s negligent maintenance of the Coos Bay Wagon Road.
The County raised immunity as an affirmative defense, contending that plaintiff’s claim is barred because it is "based upon the performance of or the failure to exercise or perform a discretionary function.” ORS 30.265(3)(c). Pursuant to stipulation of the parties, there was an evidentiary hearing on the immunity issue. The trial court ruled that immunity attached and…
2Cases cited6 opinions
- Smith v. CooperOregon Supreme Court · 1970
- Weaver v. Lane CountyCourt of Appeals of Oregon · 1972
- Lanning v. State Highway CommissionCourt of Appeals of Oregon · 1973
- Daugherty v. Oregon State Highway CommissionOregon Supreme Court · 1974
- Jones v. Chehalem Park & Recreation DistrictCourt of Appeals of Oregon · 1977
1 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Stevenson v. State Ex Rel. Department of TransportationOregon Supreme Court · 1980
- Stevenson v. State ex rel. Department of Transportation, Highway DivisionCourt of Appeals of Oregon · 1979
- Gallison v. City of PortlandCourt of Appeals of Oregon · 1978
- Stevenson v. STATE DEPT. OF TRANSP., ETC.Court of Appeals of Oregon · 1979
- Stevenson v. State Ex Rel. Department of TransportationOregon Supreme Court · 1980