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About Appeal tribune. (Silverton, Or.) 1999-current | View Entire Issue (Oct. 10, 2018)
2B ܂ WEDNESDAY, OCTOBER 10, 2018 ܂ APPEAL TRIBUNE Outdoors Continued from Page 1B property for recreation, the court said, not a county that didn’t repair its sidewalks. The court even chipped away at the idea of inter- preting what recreation means, calling the county’s logic “irrational.” They pointed out that under the county’s reason- ing, a person who fell while walking to work could sue the county due to a faulty sidewalk, but a person run- ning, and therefore taking part in recreation, could not. The court reversed the decision. It set the stage for an even broader assault on recre- ational immunity in a case decided this August that involved a surfer and a dory boat. The dory boat accident Cole Ortega was surfing near Cape Kiwanda in Pa- cific City. The 14-year-old was out among the waves in 2008 when he was struck by a dory boat which cut off his arm. Although another surfer retrieved Ortega’s arm, which was surgically reattached, he suffered perma- nent physical impairment and post-traumatic stress syndrome, court documents said. Ortega’s family sued the Oregon Parks and Recrea- tion Department, saying it was “negligent in failing to provide adequate warnings of the danger of collisions between dory boats and other persons at or near Cape Kiwanda.” Ortega was awarded $3.8 million, which was later dropped to $1.7 million after an appeal. The court ruled immunity didn’t apply because the state wasn’t “permitting” people to use the beach — it’s a place open to everyone, all the time, that Oregon has no legal ability to close. “Noting that the state lacks authority to exclude the public from using the ocean shore and ocean for surf- ing and other recreational purposes, the court rea- soned that plaintiff ’s ‘use was inherently not permis- sive and therefore recreational immunity does not ap- ply in this case,’” the court wrote. “Because the state has not disputed that it lacks the authority to make that sort of volitional decision to al- low or disallow the recreational use of the ocean and beaches, the state is not entitled to recreational immu- nity,” the appeals court concluded. The Oregon Department of Justice is planning to appeal the decision to the Oregon Supreme Court and couldn’t comment on the cases or recreational immu- nity. What does that mean? The idea that Oregon can be sued for injuries that occur in wide-open and naturally dangerous places such as the ocean coast, rivers or lakes dropped like a bombshell. Having to provide express permission for people to use the beach — in order to be protected from a lawsuit — runs counter to everything OPRD stands for, Havel said. “We’ve had to take a step back and say, ‘Gosh, what are we suppose to do?” Havel said. “I don’t want to sound alarmist, it’s just that we have no idea how we could alert people to every danger on the length of the Oregon Coast, or at the countless places our state parks reach a boundary with lakes or rivers. “It’s just really fuzzy, and we just don’t have a lot of clarity about what it means.” In other words, to remain safe from lawsuits, will Oregon have to close the Oregon Coast beaches at night or set up a permit system? Will they have to build giant signs along the coast warning people of every po- tential danger they might encounter? Hunting Continued from Page 1B game bird validation can purchase a tag for $17 that allows them to take two birds. The bag limit is two rooster pheasants a day, but hunters can purchase Obituaries Latrelle Rhodes Smoot Jr. - Latrelle Rhodes Smoot Jr. (L.R.) 85, died peacefully at home in Moro, Oregon on September 4, 2018. He was born May 28, 1933 in Williamsburg, Iowa to Latrelle Rhodes Smoot, Sr. and Neva Virginia (Coe) Smoot. L.R. and his wife Clarice moved to Moro over 30 years ago for his work as the Principal at Grass Valley Elementary School. They settled in Moro because L.R. considered central Oregon “God’s Country”. He is survived by his loving wife Clarice H. (Baal- son) Smoot; children, Kerry Smoot, Kim Stadeli and Dawn (Michael) McCormick; grandchil- dren, Kevyn (Kalin), Karlee and Kambria Smoot, Briauna (Ryan) Charleton, Lindsay Stadeli, Levi Stadeli, Amanda Stadeli, and Ian McCormick; and his sisters Evelyn Stotts, Patty (Ronald) Mehaffy, Carol Honadel, Cindy (Chuck) Super. He was preceded in death by his parents; a brother, Dan- iel Smoot; and three sisters, Joyce Bennett, Loyce Jeffrey, and Mary Etta Weber. A Memorial Service will be held at the Moro Presbyterian Church on October 13, 2018 at 11:00 a.m. In lieu of flowers, memorial donations can be made to the Celilo Cancer Center in The Dalles, the Moro Presbyterian Church, Meals on Wheels, the Lions Club and the American Legion of Sher- man County. MORO Lake Billy Chinook in Central Oregon. STATESMAN JOURNAL FILE PHOTO The answer is no, said Hallman. He said the rulings could open the door to more lawsuits — and change the way Oregon uses recreational immunity — but it won’t create a nanny state in Oregon’s outdoors. “Every time the state loses one of these cases the reaction is, ‘The sky is falling!’” Hallman said. “All this means is that the state will be held to a reasonable standard — that they’ll be held accountable for failing to take measures to protect the public from obvious dangers. And now a jury gets to decide, rather than it being immediately dismissed.” Who was at fault in Lake Billy Chinook case? If we have entered a new world of outdoor recrea- tion, few cases offer a better test than Benjamin Mc- Cormick’s accident at Lake Billy Chinook. His lawsuit against the state was thrown out under recreational immunity initially, but following the Orte- ga decision, the appeals court reversed that decision in August. Now McCormick will get his day in court. So here are the facts: August 19, 2012, was a hot afternoon in Central Ore- gon. McCormick, his father and his wife, decided to cool off in Lake Billy Chinook. They accessed the reservoir from the Lower Des- chutes Day Use Area and immediately walked from their car to the edge of the water. “Because it was so hot, Mr. McCormick wanted to immediately cool off in the water,” say court docu- ments. “He ran onto a (pier) that extended into the lake multiple tags during the month. “There’s not too many pheasants in the (Willam- ette) Valley anymore,” Parks said. “I went to Oregon State (University), and we used to hunt the wheat field after they’d harvest, hunt the fence rows. “But since they started growing rye grass, I haven’t found many out here. So for my dogs to get exercise and me to get exercise, we come down here. Turnout was heavy for the opener, he said. “There’s a lot of people out here. It sort of surprised me for a Monday,” Parks said. “I got out here a little late today, and I was hunting behind people most of the time.” Part of the attraction may have been leftover birds from 270 that were planted for Sept. 29 and 30 youth- only pheasant hunts at Wilson as well as those planted for the Oct. 1 opener. Despite the lack of success, Parks said he did have some opportunities. “I got up one bird, and it went off behind a tree, as usual,” he said. “I couldn’t get a shot at it, so somebody else is going to get it.” The situation was similar for a group of four former schoolmates who have made the Wilson pheasant hunts a three-year, and counting, tradition. “We saw three. You kicked one up, walking into one,” said Austin Burnham of Salem about one of his hunting buddies, Cody Carrier of Albany. “Tess over here pointed one on the side of the road,” Burnham said about one of his three Brittany spaniels. “And we got into position, and then she flushed it up … and we missed. He chuckled. PUBLIC POLICY NOTICES Public Notices are published by the Statesman Journal and available online at w w w .S ta te s m a n J o u r n a l.c o m . The Statesman Journal lobby is open Monday - Friday from 8 a.m. to 5 p.m. You can reach them by phone at 503-399-6789. In order to receive a quote for a public notice you must e-mail your copy to SJLegals@StatesmanJournal.com , and our Legal Clerk will return a proposal with cost, publication date(s), and a preview of the ad. LEGAL/PUBLIC NOTICE DEADLINES All Legals Deadline @ 1:00 p.m. on all days listed below: ***All Deadlines are subject to change when there is a Holiday. The Silverton Appeal Tribune is a one day a week (Wednesday) only publication • Wednesday publication deadlines the Wednesday prior LEGAL/PUBLIC NOTICE RATES Silverton Appeal Tribune: • Wednesdays only - $12.15/per inch/per time • Online Fee - $21.00 per time • Affidavit Fee - $10.00 per Affidavit requested about 12 feet.” “Near the end of the wall, he dove into the lake. Un- fortunately, Mr. McCormick struck a boulder head- first that was submerged under the water and not vis- ible because the water was dark and murky. Mr. Mc- Cormick previously dove from the same spot on the (pier) on numerous occasions, but the boulder was not previously there and its presence that day caught Mr. McCormick by surprise. “Mr. McCormick was informed, likely by a state em- ployee, that the State had recently moved boulders around the (pier) to better protect it from erosion. “Mr. McCormick suffered severe and permanent in- juries, including a fractured neck and permanent pa- ralysis. “Today, he requires the use of a wheelchair and is completely dependent on others for his day-to-day needs, including eating, drinking, dressing, and toilet needs.” So who’s at fault? Is it the state’s responsibility to warn McCormick about recently changed conditions in the reservoir? Or is it McCormick’s duty to look before he leaps? It’s not a simple question. And the answer arrived at, whether by juries or the courts, could shape the future of outdoor recreation in Oregon. Zach Urness has been an outdoors writer, photog- rapher and videographer in Oregon for 11 years. He is the author of two books. He can be reached at zur- ness@StatesmanJournal.com or (503) 399-6801. Find him on Twitter at @ZachsORoutdoors. Bill Parks of Salem shares a break in the field with the aptly named Arrow and the queen of aerial pheasant-catching, Bow. HENRY MILLER/SPECIAL TO THE STATESMAN JOURNAL “It kind of went away from us with the wind. I think we unloaded our guns at it, and unfortunately didn’t get it.” Other members of the hunting party were Thomas Veley of Portland and Cameron Egan, who recently moved to Southern California. Tess, 6, was one of the three Burnham Brittanys with the foursome. Her younger sister from another lit- ter, Ruby, 5, was along, as was the matriarch of the pack, Sage, 10. “We usually end up with one or two a day with like two or three guys,” he said. “We usually see them so it’s active enough that it’s fun for us; it’s fun for the dogs. Is it ever. “They love it,” Burnham said. “They know instantly as soon as I grab the shock collars, they know what’s going on and they start to get all excited. “They really live for it, and it’s as much fun for them as it is for us.” Carrier added: “Oh yea. October we’re all ready to go. It’s a tradition now.” All of the hunters said they would be back. “I’ve got to do some work at our church tomorrow, so maybe Wednesday,” Parks said, then smiled. “So tell them to release a few extra birds for me.” Information about the Western Oregon Fee Pheas- ant Hunts is on Page 16 of the “2018-19 Oregon Game Bird Regulations” free at Oregon Department of Fish and Wildlife offices, license agents and online at http://www.eregulations.com/oregon/game-bird/ Henry Miller is a retired Statesman Journal outdoor writer and outdoor columnist. You can contact him via email at HenryMillerSJ@gmail.com
