1. Home
  2. Browse Decisions
  3. P.2d
  4. 760 P.2d
  5. 760 P.2d 874 (1988)
 

FUHRER v. GEARHART BY THE SEA, INC.

TC 84-181; CA A33304; SC S34460.

760 P.2d 874 (1988)

306 Or. 434

Myrna FUHRER, Personal Representative of the Estate of Arthur Fuhrer, Deceased, Petitioner On Review, v. GEARHART-BY-THE-SEA, Inc., an Oregon Corporation; the Department of Transportation, State of Oregon, Respondents On Review, and Clatsop County, Oregon, Defendant.

Supreme Court of Oregon, In Banc.

Decided August 30, 1988.

Reconsideration Denied September 29, 1988.

Attorney(s) appearing for the Case

William G. Earle, Hallmark, Griffith & Keating, P.C., Portland, argued the cause and filed briefs for respondent on review Gearhart-By-The-Sea, Inc.

Linda DeVries Grimms, Asst. Atty. Gen., Salem, argued the cause for respondent on review Dept. of Transp. With her on the brief were Dave Frohnmayer, Atty. Gen., and Virginia L. Linder, Sol. Gen., Salem.

Elden M. Rosenthal, Portland, argued the cause and filed the petition for petitioner on review.

LENT, Justice.

The issue is whether plaintiff has stated ultimate facts sufficient to constitute a claim for relief against defendants for defendants' failure to warn plaintiff's decedent and others of the hazards of the ocean surf and for defendants' failure to provide safety measures to protect against those hazards.1 Defendant Gearhart By the Sea, Inc. (Gearhart) moved to dismiss on the theory that it "owed no duty" to warn or protect...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases