Appellate Attorney Janet Schroer Wins in the Oregon Court of Appeals
Janet Schroer and the Hart Wagner appellate team won a reversal for plaintiff of a summary judgment entered by the trial court in favor of the defendant Oregon State Police (OSP). This is a wrongful death action brought by the estate of Box after he was shot by state troopers outside his home. The trial court’s grant of summary judgment to OSP was reversed on plaintiff’s negligence claim for negligent supervision and retention of an officer and trespass claims, and partial summary judgment on liability on the trespass claims was entered on appeal in favor of Box. The court found that the OSP officers were trespassing on Box’s property as a matter of law at the time of the shooting. In addition, the court rejected OSP’s contention arguments that the officers were protected by apparent authority immunity. Also rejected was OSP’s cross assignment of error that Box’s ORCP 47E declaration precluded summary judgment, and that there was no causation between OSP’s alleged wrongdoing the Box’s death. Box v. State of Oregon, Department of Oregon State Police.