Espinosa v. Southern Pacific Transportation Co.

This case requires us to determine whether the concept of limited waiver of governmental immunity, as introduced by Vendrell v. School District No. 26C et al, 226 Or 263, 360 P2d 282 (1961), has survived the enactment and amendment of the Oregon Tort Claims Act of 1967. The issue is presented in the context of plaintiffs wrongful death action brought against defendants School District No. 40, McMinnville (hereinafter District) and Southern Pacific Transportation Company (hereinafter SP). The plaintiffs eight-year-old daughter died on September 8, 1976, when an SP locomotive collided with a…