1. Home
  2. Browse Decisions
  3. P.3d
  4. 116 P.3d
  5. 116 P.3d 902 (2005)
 

LIBERTY v. STATE, DEPT. OF TRANSP.

01-2082, 02-2066; A120225 (Control), A120226.

116 P.3d 902 (2005)

201 Or. App. 1

John P. LIBERTY, Appellant, v. STATE of Oregon, DEPARTMENT OF TRANSPORTATION, Respondent, and County of Tillamook, Defendant. Nicklaus A. Graham, Appellant, v. State of Oregon, Department of Transportation, and Parks and Recreation Department, Respondents.

Court of Appeals of Oregon, En Banc.

Resubmitted June 15, 2005.

Decided July 20, 2005.

Attorney(s) appearing for the Case

Brian Richard Whitehead, Salem, argued the cause for appellants. On the briefs was John M. Hoadley.

Jas. Jeffrey Adams, Assistant Attorney General, argued the cause for respondents. With him on the brief were Hardy Myers, Attorney General, and Mary H. Williams, Solicitor General.

Before BREWER, Chief Judge, and EDMONDS, LANDAU, HASELTON, ARMSTRONG, LINDER, WOLLHEIM, SCHUMAN, ORTEGA, and ROSENBLUM, Judges.

Resubmitted En Banc June 15, 2005.

LANDAU, J.

ORS 105.682 provides that, when an owner of land permits any person to use the land for "recreational purposes," the owner is not liable for personal injury, death, or property damage that arises out of the use of the land for such purposes. At issue in this case is the scope of that statutory immunity.

The owner of land—the state—permitted plaintiffs to use its land for access to an adjacent...

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