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LANDIS v. LIMBAUGH

A159429.

385 P.3d 1139 (2016)

282 Or.App. 284

Sheila LANDIS, Plaintiff-Appellant, v. Wayne LIMBAUGH, as Personal Representative of the Estate of Florence Herwick, Defendant, and Washington County, a governmental subdivision of the State of Oregon, Defendant-Respondent.

Court of Appeals of Oregon.

November 16, 2016.

Attorney(s) appearing for the Case

Jan. K. Kitchel argued the cause for appellant. With him on the briefs was Cable Huston LLP.

Christopher A. Gilmore argued the cause and filed the reply brief for respondent. On the answering brief was Chelsea Glynn.

Before Duncan, Presiding Judge, and DeVore, Judge, and Flynn, Judge.

DEVORE, J.

Plaintiff fell and was injured while jogging on a sidewalk in Washington County. She brought a negligence action alleging a failure to inspect or maintain the sidewalk and a failure to warn pedestrians. Washington County moved for summary judgment, and the trial court granted the motion on the basis that the county was immune under Oregon's recreational use statutes, ORS 105.668 to ORS 105.700. Plaintiff appeals, contending that the...

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