Turner v. State Ex Rel. Department of Transportation

In this personal injury action arising out of a motor vehicle accident, plaintiff Turner contended that defendant Oregon Department of Transportation (ODOT) had contributed to the accident by negligently failing to correct hazardous conditions at the highway intersection where he was injured. In a summary judgment motion, ODOT claimed immunity from liability under ORS 30.265(6)(c), a provision of the Oregon Tort Claims Act, ORS 30.260 to 30.300, that immunizes governmental entities from tort liability for “the performance of or the failure to exercise or perform a discretionary function or…