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650 N. First Street
PO Box 96 Woodburn, OR 97071 Phone:
503.981.3441 |
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| City wins key Oregon Court of Appeals decision |
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| Charge was against a faulty swing at Burlingham Park |
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By John Gervais
The end of 2004 brought about an interesting turn of events for the City of Woodburn.
Early in the year, the city was faced with a lawsuit asking $75,000 in noneconomic damages and $3,900 in economic damages for a resident who fell from swing in a city park.
With the judgment filed Dec. 29, the City of Woodburn was successful in having the suit set aside, bringing a sigh of relief -- not only from the Woodburn Recreation and Parks District -- but from their fellow entities around Oregon.
Jean Waggoner had argued that she was injured while using a swing in Woodburn's Burlingham Park and was asking $75,000 in noneconomic damage, alleging negligence against the City of Woodburn, owner of the park.
As the defendant, the City of Woodburn received summary judgment, which eliminates all claims and charges, from Marion County Circuit Court Judge Albin Norblad.
The case was then appealed to the Oregon Court of Appeals and was heard on Dec. 6 of last year before Appeals Court panel of Presiding Judge Jack Landau, and Judges David Brewer and Rex Armstrong.
In the opinion, written by Landau, "The relevant facts of the case are not in dispute."
In a lower court decision, Norblad had dismissed any and all aspects of the case based on the statement that the "defendant is entitled to immunity under the state's recreational use statute, ORS 105.682."
Landau noted that the "Plaintiff appeals, arguing that the immunity that the statute affords should apply only to undeveloped, rural land in its natural state, not to public parks."
"Defendant (Woodburn) relies on the wording of the statute, which provides for immunity when an injury arises out of the use of "all public and private lands" to which the public has been invited for recreational use."
"We agree with defendant (Woodburn) and affirm," stated the Oregon Appeals Court Panel.
"The relevant facts are not in dispute. Defendant is a municipality that owns and maintains Burlingham Park, a public park. Plaintiff was using a swing set at the park when it broke, dropping plaintiff to the ground and causing her injury," wrote Landau.
She charged the City of Woodburn's Recreation and Parks Department with negligence in failing to properly inspect and maintain the swing set and in failing to provide a safe landing area below the swing set.
Had the decision gone the other way, many public parks would be unable to remain open, especially ones that provide featured items like skate parks.
It has not been determined if the case will be appealed to the Oregon Supreme Court.
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