Johnson v. Gibson

Plaintiff filed this state law negligence action against two park maintenance employees of the City of Portland after she fell and was injured while jogging in one of Portland’s parks. The district court granted summary judgment in favor of Defendants, concluding (1) Defendants were “owners” of the park for purposes of the Oregon Public Use of Lands Act and were hence entitled to immunity under the Act; and (2) granting Defendants immunity under Act did not violate the remedy clause of the Oregon Constitution. Plaintiff appealed the adverse judgment. The parties subsequently filed a joint motion to certify two questions to the Oregon Supreme Court: (1) whether city maintenance workers are “owners” of the park and therefore entitled to immunity under the Act; and (2) if so, whether the Act violates the remedy clause of the Oregon Constitution. Because there is no controlling precedent on these questions in the decisions of the Oregon Supreme Court and the Oregon Court of Appeals, the Ninth Circuit certified them to the Oregon Supreme Court. View "Johnson v. Gibson" on Justia Law