Fuhrer v. Gearhart by the Sea, Inc.

Plaintiff brought this action against Gearhart By The Sea (Gearhart), the State of Oregon and Clatsop County to recover damages for the wrongful death of her husband, who drowned while aiding in the rescue of three children swimming in the ocean. Plaintiff, decedent and the three children (unrelated to them) were guests at Gearhart, which has direct access to the beach. Plaintiffs complaint alleged that the careless, reckless and negligent conduct of all defendants was the direct cause of decedent’s death. The trial court granted each defendant’s motion to dismiss the complaint for failure to…