Thornton v. Hamlin

This action for personal injuries arose out of an accident on February 19, 1976, involving a truck driven by plaintiff and a snowplow operated by defendant Hamlin, an employe of defendant Oregon State Department of Transportation. Plaintiff appeals from a summary judgment entered for defendant Hamlin on the ground that plaintiff failed to give proper notice of his claim under the Oregon Tort Claims Act, former ORS 30.275(1). Defendant Hamlin argues that regardless of the sufficiency of the notice issue he is immune from liability under the facts of this case. We reverse and remand.

Plaintiff’s…