Bakr v. Elliott

I agree with the majority that the trial court properly granted summary judgment for the city on plaintiffs fourth specification of negligence, which essentially faults the city for not adopting a periodic and routine tree inspection and maintenance program. The decision to employ a “crisis management” program was a classic policy decision for which the city enjoys immunity under ORS 30.265(3)(c). However, I do not agree that the court properly granted summary judgment on plaintiffs first three specifications on the ground of immunity. The availability of the immunity defense as to those…