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MILLER v. GRANTS PASS IRRIGATION

TC 77-716-L; TC 77-731-L; CA A22052; SC 29673; SC 29909.

686 P.2d 324 (1984)

297 Or. 312

Robert MILLER, Respondent On Review, v. GRANTS PASS IRRIGATION District, a Quasi-Municipal Corporation, and the State of Oregon, Petitioners On Review, Lisa Miller, a Minor, by and through Her Guardian Ad Litem, Robert Miller, Respondent On Review, v. Grants Pass Irrigation District, a Quasi-Municipal Corporation, and the State of Oregon, Petitioners On Review.

Supreme Court of Oregon, In Banc.

Decided June 26, 1984.

Attorney(s) appearing for the Case

Jack Bird, Medford, argued the cause for petitioner on review, Grants Pass Irrigation District. On the petition was W.V. Deatherage and Frohnmayer, Deatherage, deSchweinitz & Pratt, Medford.

Richard David Wasserman, Asst. Atty. Gen., Salem, argued the cause for petitioner on review, State of Oregon. With him on the petition were Dave Frohnmayer, Atty. Gen. and James E. Mountain, Jr., Sol. Gen., Salem.

Joan L. Volpert, Portland, argued the cause for respondents on review. With her on the briefs were Lloyd B. Ericsson and Martin, Bischoff, Templeton, Biggs & Ericsson, Portland.

LINDE, Justice.

The State of Oregon and the Grants Pass Irrigation District ask us to reverse a decision of the Court of Appeals that they were not immune from tort liability to plaintiffs whose boat was swept over the district's dam on the Rogue River. 62 Or.App. 747, 663 P.2d 30 (1983).1

The Court of Appeals summarized the facts as follows:

"The...

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