|CALENDAR STATUS: Active|
|Chester C. Westfall v. State of Oregon|
|Supreme Court Courtroom|
|Richard L. Cowan on behalf of Chester W. Westfall|
Erin C. Lagesen on behalf of State of Oregon
Statement of Issues:
|Chester C. Westfall v. State of Oregon (S060416) (A140772) (appeal from Marion County Circuit Court; opinion reported at 247 Or App 384, 271 P3d 116 (2011)).|
The State of Oregon has been granted review of a Court of Appeals decision reversing and remanding a trial court grant of summary judgment to the state on the basis that the state was immune from tort liability under former ORS 30.265(3)(c), now numbered as ORS 30.265(6)(c).
On review, the issue is:
Does the discretionary immunity provision of ORS 30.265(6)(c) bar a claim for damages against a governmental agency where the action that caused the plaintiff's alleged injury was mandated by a policy choice?
The foregoing summary of a Supreme Court case that is scheduled for oral argument has been prepared for the benefit of the public. Parties and practitioners should rely on neither the factual summary set out above, nor the statement of issues to be decided, as delineating the questions that the Supreme Court ultimately may consider on review. See generally Oregon Rule of Appellate Procedure 9.20.
Justice(s) NOT Participating: