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BARKLEY v. CORRECTIONS DIV.

87-0346C; CA A64332.

825 P.2d 291 (1992)

111 Or.App. 48

Rhonda BARKLEY, Appellant, v. CORRECTIONS DIVISION, a Division of the State of Oregon, Kent Ward and John Doe, Respondents.

Court of Appeals of Oregon.

Decided January 22, 1992.

Attorney(s) appearing for the Case

Jess M. Glaeser, Portland, argued the cause, for appellant. With him on the briefs, was Hoffman, Matasar & Glaeser, Portland.

Jas. Adams, Asst. Atty. Gen., Salem, argued the cause, for respondents. With him on the brief, were Dave Frohnmayer, Atty. Gen., and Virginia L. Linder, Sol. Gen., Salem.

Before BUTTLER, P.J., and ROSSMAN and DE MUNIZ, JJ.

ROSSMAN, Judge.

Plaintiff appeals from a summary judgment in this negligence action. The issue is whether the sexual assault of plaintiff, a convenience store cashier, resulted in an injury for which she would have been entitled to benefits under the workers' compensation laws and for which defendants are therefore immune under the Oregon Tort Claims Act. ORS 30.265(3)(a).

In 1981, Hair began serving time in the Oregon State Correctional Institution (OSCI...

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