Liberty v. State Dept. of Transportation

Plaintiffs initiated these consolidated negligence actions against the state for personal injuries that they suffered when they fell from a path that ran from a state highway to a private recreational area open to the public. The trial court granted the state’s summary judgment motion on the ground that the state was entitled to immunity under ORS 105.682, which provides immunity to owners of land opened to the public for recreational purposes. We affirmed. Liberty v. State Dept. of Transportation, 200 Or App 607, 116 P3d 902 (2005). In our opinion, we addressed plaintiffs’ argument that the…