Ramirez v. Hawaii T & S Enterprises, Inc.

Plaintiff fell and fractured her ankle after stepping on a broken curb at a downtown Portland intersection. She sued the City of Portland (the city) and the owner of the adjacent property, Hawaii T & S Enterprises, Inc. (T & S). Both defendants moved for summary judgment. The city maintained that it was immune from liability under the Oregon Tort Claims Act. T & S argued that the ordinance on which plaintiff based what she called a “statutory tort” claim does not apply under the facts of this case, and, if it does, it violates the Portland City Charter and is therefore void. The trial court…