Legal Opinion

Smith v. Bend Metropolitan Park & Recreation District

Court of Appeals of Oregon

Decided December 14, 2011No. 08CV0777AB; A146575PublishedCited by 4 opinions

1Opinion of the CourtSchuman, P. J.

While running to prevent a child from falling into the water at a city swimming pool, plaintiff slipped on a “splash pad” and slid into a slightly elevated fountain fixture, seriously injuring her ankle. She brought this negligence action against defendant, the City of Bend Metropolitan Park and Recreation District, alleging four specifications of negligence. Two dealt with defendant’s decisions to choose and place the fountain fixtures, and two dealt with defendant’s failure to provide adequate warnings about them. After cross-motions for summary judgment, the trial court granted defendant’s…

2Cases cited12 opinions

  1. Jones v. General Motors Corp.Oregon Supreme Court · 1997
  2. Fazzolari v. Portland School District No. 1JOregon Supreme Court · 1987
  3. Woolston v. WellsOregon Supreme Court · 1984
  4. McBride v. MagnusonOregon Supreme Court · 1978
  5. Stevenson v. State Ex Rel. Department of TransportationOregon Supreme Court · 1980

7 more not listed; retrieve them via the Exa API.

3Cited by4 opinions

  1. Wieck v. HostetterCourt of Appeals of Oregon · 2015
  2. Herrera v. C & M Victor Co.Court of Appeals of Oregon · 2014
  3. Westfall v. State ex rel. Oregon Department of CorrectionsCourt of Appeals of Oregon · 2011
  4. Westfall v. STATE EX REL. DEPT. OF CORR.Court of Appeals of Oregon · 2011

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