Hutcheson v. City of Keizer

Defendant, City of Keizer (the City), appeals from a judgment for plaintiffs, homeowners, on a negligence action arising out of the flooding of the Country Glen Estates subdivision in 1996. The City contends, inter alia, that it was immune from liability pursuant to the discretionary function immunity provision of the Oregon Tort Claims Act (OTCA), ORS 30.265, and that the court erred in giving a “less satisfactory evidence” instruction. Plaintiffs cross-appeal, asserting that the court improperly applied the OTCA in limiting their recovery. On appeal we conclude that, although the trial…