Saracco v. Multnomah County

The issue on this appeal from a summary judgment for defendant is whether defendant, as a public body, is immune from tort liability by virtue of the discretionary act exception provided in ORS SO^GñOXc).1 Because we conclude that it is not, we reverse and remand for further proceedings.2

Plaintiff filed this action for personal injuries and property damage alleged to have resulted when plaintiff’s automobile left the roadway and collided with a portion of the Hawthorne Bridge owned and maintained by the defendant County. It is further alleged that the proximate cause of the accident was the…