- Court: Oregon Court of Appeals
- Area(s) of Law: Tort Law
- Date Filed: 02-20-2025
- Case #: A181744
- Judge(s)/Court Below: Hellman, J., for the court; Ortega, P.J. and DeVore, S.J.
- Full Text Opinion
The plaintiff appealed the trial court’s dismissal of her negligence claims against the defendant after she fell into an ADA beach access ramp while walking across the parking lot to the beach. The trial court granted summary judgment to the defendant because under ORS 105.682, the defendant city held recreational immunity that barred the plaintiff’s claims. On appeal, the plaintiff argues that ORS 105.682 should not apply because she was not yet recreating, but walking to the place (the beach) in which she was to recreate. The Oregon Court of Appeals rejected the plaintiff’s argument because the plaintiff’s “principal purpose” for entering the parking lot adjacent to the beach was to recreate, even though her injury occurred while she wasn’t actively recreating. The Court affirmed the trial court’s decision.