Emily Johnson v. Scott Gibson

ORDER

RICHARD A. PAEZ, Circuit Judge, Presiding.

Pursuant to the parties’ joint motion, we certify two questions to the Oregon Supreme Court. Plaintiff Emily Johnson filed this state law negligence action against Scott Gibson and Robert Stillson, two park maintenance employees of the City of Portland, after she fell and was injured while jogging in Portland’s Tom McCall Waterfront Park. This appeal raises two questions that may be determinative of Johnson’s cause of action: (1) whether city maintenance workers are “owners” of the park and hence entitled to immunity under the Oregon Public Use…