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LEONARD v. STATE, BY AND THROUGH HIGHWAY DEPT.

No. 16-80-01624; CA 18668.

630 P.2d 885 (1981)

52 Or.App. 923

Mary Ann LEONARD, Respondent, v. STATE of Oregon, BY AND THROUGH Its HIGHWAY Department, Appellant.

Court of Appeals of Oregon.

Decided June 29, 1981.

Reconsideration Denied August 13, 1981.

Attorney(s) appearing for the Case

James E. Mountain, Jr., Asst. Atty. Gen., Salem, argued the cause for appellant. With him on the appellant's brief were James M. Brown, former Atty. Gen., John R. McCulloch, Jr., Sol. Gen., and William F. Gary, Deputy Sol. Gen. With him on the appellant's reply brief were Dave Frohnmayer, Atty. Gen., John R. McCulloch, Jr., Sol. Gen., and William F. Gary, Deputy Sol. Gen., Salem.

Paul D. Clayton, Eugene, argued the cause for respondent. With him on the brief was Luvaas, Cobb, Richards & Fraser, P.C., Eugene.

Before RICHARDSON, P.J., and THORNTON and VAN HOOMISSEN, JJ.

RICHARDSON, Presiding Judge.

Plaintiff brought this tort action against defendant for property damage arising from an automobile accident. Defendant appeals, claiming that the trial court erred in: (1) denying its motion for summary judgment; and (2) allowing plaintiff's cross-motion for summary judgment. The sole issue on appeal is whether the trial court properly found that plaintiff complied with the notice provisions of the Tort Claims Act in ORS 30.275(1). Specifically...

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