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ORTEGA v. MARTIN

A159190.

497 P.3d 314 (2021)

313 Or. App. 252

Cole A. ORTEGA, Plaintiff-Respondent Cross-Appellant, v. Darrell D. MARTIN, Defendant, and State of Oregon, Defendant-Appellant Cross-Respondent.

Court of Appeals of Oregon.

July 14, 2021.

Attorney(s) appearing for the Case

Ellen F. Rosenblum, Attorney General, Paul L. Smith, Deputy Solicitor General, and Denise G. Fjordbeck, Assistant Attorney General, filed the opening brief for appellant-cross-respondent. On the reply-cross answering brief were Ellen F. Rosenblum, Attorney General, Benjamin Gutman, Solicitor General, and Denise G. Fjordbeck, Assistant Attorney General. On the supplemental brief were Ellen F. Rosenblum, Attorney General, Benjamin Gutman, Solicitor General, and Peenesh Shah, Assistant Attorney General.

Helen C. Tompkins filed the briefs for respondent-cross-appellant. Also on the supplemental brief was Tompkins Law Office, LLC.

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, Ortega v. Martin, 366 Or. 760, 468 P.3d 945 (2020) (Ortega II). At issue on remand is the state's entitlement to recreational immunity under ORS 105.682 for severe injuries plaintiff sustained in a collision with a dory boat while he was surfing in Pacific City. In...

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