Miller v. Grants Pass Irrigation District

This action for damages for personal injuries is before this court for a second time. Plaintiffs were injured in June, 1976, when their boat was swept over the Savage Rapids Dam by the current of the Rogue River. They brought this action against Grants Pass Irrigation District (district) and the State of Oregon for injuries allegedly resulting from defendants’ negligent and reckless conduct and maintenance of a nuisance. The trial court granted summary judgment for both defendants on the ground that both were immune from liability under the Oregon Tort Claims Act (TCA).

On appeal, we affirmed…