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JUNGEN v. STATE OF OREGON

L86-2634; CA A45994.

764 P.2d 938 (1988)

94 Or.App. 101

Barbara JUNGEN, Administratrix of the Estate of Alfred John Jungen, and Fremont Indemnity Company, a California Corporation, Appellants, v. STATE OF OREGON, Respondent, Freightliner, a Delaware Corporation, and West Forest Wood Products Company, an Oregon Corporation, Defendants.

Court of Appeals of Oregon.

Decided November 23, 1988.

Attorney(s) appearing for the Case

G. Dennis Halkides, Redding, Cal., argued the cause for appellants. With him on the briefs was Halkides & Morgan, Redding, Cal.

Margaret E. Rabin, Asst. Atty. Gen., Salem, argued the cause for respondent. With her on the brief were Dave Frohnmayer, Atty. Gen., and Virginia L. Linder, Sol. Gen., Salem.

Before BUTTLER, P.J., and WARREN and ROSSMAN, JJ.

WARREN, Judge.

Plaintiffs appeal from an ORCP 67 B judgment granting the state's motion to dismiss a claim on the ground that the state is immune from liability under ORS 30.265(3)(a). We affirm.

Alfred Jungen, an employe of a California corporation, was fatally injured when the tractor he was driving overturned on an Oregon state highway. His employer's workers' compensation carrier paid benefits to his surviving spouse, who, as administratrix of his estate...

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