Legal Opinion

Ballard v. City of Albany

Court of Appeals of Oregon

Decided August 13, 2008No. 001570; A126379PublishedCited by 27 opinions

1Opinion of the CourtSercombe, J.

Plaintiff, personal representative of the estate of Philip R. Ballard (Ballard), 1 appeals a judgment for defendants City of Albany (city), Linn County (county), and the State of Oregon and the Oregon State Police (OSP) on plaintiffs negligence and battery claims. Plaintiff sought damages for personal injuries suffered during a traffic stop when police officers used a police dog to remove him from his car. As elaborated below, we affirm in part and reverse in part.

On July 20, 1998, an Oregon state police officer stopped plaintiff on a state highway in Albany, Oregon, because he suspected that…

2Cases cited25 opinions

  1. Brown v. J. C. Penney Co.Oregon Supreme Court · 1984
  2. Shoup v. Wal-Mart Stores, Inc.Oregon Supreme Court · 2003
  3. Vasquez-Lopez v. Beneficial Oregon, Inc.Court of Appeals of Oregon · 2007
  4. Cutsforth v. KINZUA CORPORATIONOregon Supreme Court · 1973
  5. Wagar v. Prudential Insurance Co. of AmericaOregon Supreme Court · 1976

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3Cited by27 opinions

  1. Miller v. Columbia CountyCourt of Appeals of Oregon · 2016
  2. Allison v. DolichCourt of Appeals of Oregon · 2022
  3. Cowan v. NordykeCourt of Appeals of Oregon · 2009
  4. Patton v. Mutual of Enumclaw Ins. Co.Court of Appeals of Oregon · 2010
  5. Kazlauskas v. KBBP, LLCCourt of Appeals of Oregon · 2012

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