McCormick v. State

*200*199Plaintiff was severely injured when, while visiting Cove Palisades State Park, he dove into Lake Billy Chinook and hit his head on a submerged boulder. He sued the state, alleging that the state's negligence causally contributed to his injuries in a number of ways. The state moved for summary judgment, contending that ORS 105.682, the recreational immunity statute, barred plaintiff's claims against it because plaintiff was engaged in a recreational activity at the time of his injuries. Plaintiff opposed the motion, arguing, among other things, that the statute did not apply to Lake Billy…