Coats-Sellers v. State Ex Rel. Department of Transportation

This case is before us on remand from the Oregon Supreme Court, Coats-Sellers v. ODOT, 336 Or 60, 77 P3d 635 (2003), with instructions to consider it in light of the court’s decision in Coats v. ODOT, 334 Or 587, 54 P3d 610 (2002). We previously had affirmed the trial court’s decision in this case in light of our decision in Coats v. ODOT, 170 Or App 32, 11 P3d 258 (2000), rev’d, 334 Or 587, 54 P3d 610 (2002). Coats-Sellers v. ODOT, 179 Or App 433, 39 P3d 290 (2002). On remand, we again affirm.

Plaintiff R. L. Coats 1 initiated this action for breach of contract against the Oregon Department…