Southern Pacific Transportation Co. v. School District No. 40

624 P.2d 176 | Or. Ct. App. | 1981

Lead Opinion

PER CURIAM.

Affirmed. Espinosa v. Southern Pacific Trans., 50 Or App 561, 624 P2d 162 (1981).

Roberts, J., dissenting in part.

Campbell, J. Pro Tempore, vice Young, J.

Young, J., not participating.



Dissenting Opinion

ROBERTS, J.

dissenting in part.

For the reasons stated in my dissenting opinion in Espinosa v. Southern Pacific Trans., 50 Or App 561, 624 P2d 162 (1981),I also dissent from the holding in the present case that the school district’s liability is limited by ORS 30.270 when the district has available insurance which exceeds the liability limits of that statute.

Campbell, J., Pro Tempore, joins in this dissenting opinion.