McAlpine v. Multnomah County

In these consolidated negligence actions, plaintiffs appeal from a judgment dismissing their complaints for failure to state ultimate facts sufficient to constitute a claim. ORCP 21 A(8). The issue is whether defendant Multnomah County may be held liable for the harm plaintiffs suffered at the hands of Charlesworth, a parolee, based on section 319 of the Restatement (Second) of Torts (1974), or because defendant’s actions created a reasonably foreseeable risk that plaintiffs would suffer such harm. We reverse.

Previously, we affirmed the dismissal of plaintiff Robert McAlpine’s complaint…