Ortega v. Martin

*1106*182While surfing in Pacific City, plaintiff collided with a dory boat, sustaining severe injuries. He sued the state, alleging that it had been negligent in failing to provide adequate warnings of the risk posed by dory boats to surfers. After the trial court rejected the state's immunity defenses, a jury returned a verdict for plaintiff, to which the trial court applied the then-applicable $1.5 million statutory damages cap contained in ORS 30.271(2)(a).

Both parties have appealed. The state contends that the trial court erred in (1) concluding that it was not entitled to recreational…