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FAZZOLARI v. PORTLAND SCHOOL DIST. NO. 1J

TC A8212-07615; CA A34098; SC S32918.

734 P.2d 1326 (1987)

303 Or. 1

Tammy FAZZOLARI, a Minor, by and through Ethel Fazzolari, Her Guardian Ad Litem, Respondent On Review. v. PORTLAND SCHOOL DISTRICT NO. 1J, Petitioner On Review.

Supreme Court of Oregon, In Banc.

Decided March 17, 1987.

Attorney(s) appearing for the Case

James N. Westwood, Portland, argued the cause for petitioner on review. With him on the petition were William B. Crow, and Miller, Nash, Wiener, Hager & Carlsen, Portland.

Willard E. Merkel, Portland, argued the cause and filed a response on behalf of respondent on review.

Edward C. Harms, Jr., of Harms, Harold, Leahy & Pace, Springfield, filed a brief amicus curiae on behalf of Oregon School Boards Ass'n.

Chris L. Mullman, of Ragen, Roberts, Tremaine, Krieger, Schmeer, O'Scannlain & Neill, Portland, filed a brief amicus curiae on behalf of Lake Oswego School Dist. No. 7J.

John C. Caldwell, of Hibbard, Caldwell, Bowerman, Schultz & Hergert, Oregon City, filed a brief amici curiae on behalf of North Clackamas School Dist. No. 12 and Oregon City School Dist. No. 62. With him on the brief was Nancy S. Tauman, Oregon City.

LINDE, Justice.

When plaintiff, then a 15-year-old high school student, was about to enter her school building a few minutes before 7:00 a.m. on May 21, 1982, an unknown assailant grabbed her from behind and dragged her to some nearby bushes, where he beat and raped her. In an action against the school district to recover damages for her injuries, plaintiff claimed that school administrators were negligent in failing to provide proper supervision of students on the...

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