Opinion
No. A7811-18284, CA 15128
Argued and submitted June 11, 1980 Resubmitted in banc February 12, 1981
Affirmed February 18, 1981 Reconsideration denied April 9, 1981 Petition for review allowed May 5, 1981 ( 291 Or. 1) See later issue Oregon Reports
Appeal from Circuit Court, Multnomah County.
Robert P. Jones, Judge.
James H. Clarke, Portland, argued the cause for appellant. With him on the briefs were Laurence F. Janssen, and Spears, Lubersky, Campbell Bledsoe, Portland.
Robert M. Johnstone, McMinnville, argued the cause for respondent School District No. 40, McMinnville. With him on the brief was Cushing, Johnstone Peterson, P.C., McMinnville.
Ridgeway K. Foley, Portland, argued the cause for respondent Market Insurance Company. With him on the brief were Kenneth E. Roberts, and Schwabe, Williamson, Wyatt, Moore Roberts, Portland.
William H. Morrison, Portland, argued the cause for respondent Oregon Automobile Insurance Company. With him on the brief were G. Kenneth Shiroishi, and Morrison, Dunn, Cohen, Miller Carney, Portland.
The appeal filed by appellant on August 10, 1979, was dismissed against respondent The Stonewall Insurance Company on June 9, 1980.
Affirmed. Espinosa v. Southern Pacific Trans., 50 Or. App. 561, 624 P.2d 162 (1981).
Roberts, J., dissenting in part.
Campbell, J. Pro Tempore, vice Young, J. Young, J., not participating.
For the reasons stated in my dissenting opinion in Espinosa v. Southern Pacific Trans., 50 Or. App. 561, 624 P.2d 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.