Dizick v. Umpqua Community College

This is an action for damages for fraudulent representations brought pursuant to the Oregon Tort Claims Act. The principal question is whether the defendant governmental body is immune from liability because the claim is based upon the performance of a "dis cretionary function.”

The jury returned a verdict for the plaintiff, however, the trial court granted defendant’s motion for a judgment notwithstanding the verdict. A Court of Appeals panel of three judges affirmed with one judge specially concurring and one judge dissenting, Dizick v. Umpqua Community College, 33 Or App 559, 577 P2d 534…