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BUCHLER v. OREGON CORRECTIONS DIV.

CC 87-2012, 87-2024; CA A60439; SC S37882.

853 P.2d 798 (1993)

316 Or. 499

Albert BUCHLER, Personal Representative for the Estate of Beverly A. Buchler, Deceased, Respondent on Review, v. STATE of Oregon, By and Through the OREGON CORRECTIONS DIVISION; Oregon Department of Forestry, Petitioners on Review, and County of Tillamook; David Wilson, Sheriff of Tillamook County, Defendants. Charles A. SEELING, Respondent on Review, v. STATE of Oregon, By and Through OREGON CORRECTIONS DIVISION; Oregon Department of Forestry, Petitioners on Review, and County of Tillamook; David Wilson, Sheriff of Tillamook County; and Marjorie Miller, Defendants.

Supreme Court of Oregon, In Banc.

Decided June 4, 1993.

Attorney(s) appearing for the Case

Rives Kistler, Asst. Atty. Gen., Salem, argued the cause for petitioners on review. With him on the petition were Dave Frohnmayer, Atty. Gen., and Virginia L. Linder, Sol. Gen., Salem.

Ted E. Runstein, Portland, argued the cause for respondents on review. With him on the response were Dana L. Barnes, Portland, and John Tuthill, Tillamook.

FADELEY, Justice.

In these negligence actions, plaintiffs seek damages from the state for harm caused by a state prisoner who escaped from custody. The prisoner was a convicted felon, placed by the corrections division as a member of a work crew of a forest camp in a remote rural area. He left the work site without permission by taking and driving away the state's van, in which the ignition keys had been left by the crew supervisor. Defendant state advised the Tillamook...

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