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GARRISON v. DESCHUTES COUNTY

(CC 96-CV-0397-ST; CA A101360; SC S46886).

48 P.3d 807 (2002)

334 Or. 264

Gary GARRISON and Heather Garrison, Petitioners on Review, v. DESCHUTES COUNTY, Respondent on Review.

Supreme Court of Oregon.

Decided June 21, 2002.

Attorney(s) appearing for the Case

W. Eugene Hallman, Pendleton, argued the cause and filed the brief for petitioners on review. With him on the brief was Brant M. Medonich, Bend.

Gregory P. Lynch, Bend, argued the cause and filed the brief for respondent on review. With him on the brief were Stanley D. Austin and Hurley, Lynch & Re, P.C., Bend.

Kathryn H. Clarke, Portland, filed a brief for amicus curiae Oregon Trial Lawyers Association.

Before CARSON, Chief Justice, and GILLETTE, DURHAM, LEESON, and RIGGS, Justices.

GILLETTE, J.

This personal injury case requires us to examine the scope of the immunity from liability that the Oregon Tort Claims Act (OTCA) grants to certain kinds of discretionary decisions of a public body. The case arose when plaintiff Gary Garrison1 was injured when he fell from a raised concrete slab onto a lower slab at a Deschutes County (county) refuse transfer station. Plaintiffs brought the present action against the county...

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