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MCCORMICK v. STATE

A159931.

482 P.3d 187 (2020)

308 Or. App. 220

Benjamin MCCORMICK, Plaintiff-Appellant, v. STATE of Oregon, BY AND THROUGH the OREGON STATE PARKS AND RECREATION DEPARTMENT, Defendant-Respondent.

Court of Appeals of Oregon.

December 30, 2020.

Attorney(s) appearing for the Case

Shenoa Payne and Haglund Kelley LLP filed the opening brief for appellant. On the reply brief was Shenoa Payne and Shenoa Payne Attorney at Law PC.

Ellen F. Rosenblum, Attorney General, Paul L. Smith, Deputy Solicitor General, and Peenesh Shah, Assistant Attorney General, filed the brief for respondent.

Kathryn H. Clarke filed the brief amicus curiae for Oregon Trial Lawyers Association.

Before DeHoog, Presiding Judge, and Lagesen, Judge, and Aoyagi, Judge.

This case is before us on remand from the Supreme Court. McCormick v. State Parks and Recreation Dept., 366 Or. 452, 466 P.3d 10 (2020) (McCormick II). At issue is the state's entitlement to recreational immunity under ORS 105.682 in this negligence action for severe injuries sustained by plaintiff when, while visiting...

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