Baker v. Lane County

The matter has been before this court twice before. Baker v. State Board of Higher Ed., REF20 Or App 277,/REF REF531 P2d 716,/REF rev den (1975); Baker v. Lane County, REF28 Or App 53,/REF REF558 P2d 1247/REF (1977). On the first appeal, which followed the sustaining of a demurrer to plaintiffs fourth amended complaint, we held that the State Board of Higher Education was immune from liability, but Lane County was not. We remanded the case for trial. At the conclusion of plaintiffs case on the trial, the court granted a judgment of involuntary nonsuit, ruling that plaintiff was a trespasser at the time of the injury and that in light of the standard of care owed to a trespasser no jury issue had been raised. We again reversed and remanded, holding that at the time of his injury plaintiff was an invitee as a matter of law and was therefore owed a duty of reasonable care.