A2 • Friday, March 1, 2019 | Seaside Signal | SeasideSignal.com
Seaside challenges drowning lawsuit
By R.J. MARX
Seaside Signal
Seaside shouldn’t be lia-
ble for a $3.6 million claim
fi led by the family of an
Oklahoma teenager who
drowned in July 2016, law-
yers for the city argue.
They have asked the Cir-
cuit Court to dismiss the
lawsuit.
“The city denies any
liability here, and doesn’t
believe the plaintiff has
pled suffi cient facts to state
a claim,” said Richard P.
Freud, an attorney for City-
county Insurance Services,
representing the city.
At the time of the drown-
ing, the teenager was visit-
ing the North Coast for a
family reunion. Conner
Miguel Wu Moore, 14, of
Tulsa, and his cousin were
in the ocean at the foot
of Broadway when life-
guards saw the teenagers
Josh Gilmore
A lawsuit has been fi led over a drowning in Seaside in 2016.
struggling.
L. Nicole Moore seeks
to hold the city liable for
the wrongful death of her
son, alleging the city did
not post appropriate warn-
ing signs and lifeguards did
not alert the family to the
potential danger. After a res-
cue attempt, Moore was pro-
nounced dead at Providence
Seaside Hospital. His cousin
survived.
Moore also alleges an
invasion of privacy after
her son’s name was publicly
released by the city after his
death. The disclosure was a
violation of federal and state
medical privacy laws, she
said.
In a response this month,
the city argued Conner
Moore should have exer-
cised care in avoiding harm
from an “activity that creates
a hazardous condition.”
The city is further pro-
tected
by
recreational
immunity, which applies
if the principal purpose for
entry upon the land is for
recreation.
Since the incident hap-
pened in the ocean or shore,
the city is not the proper
party to bring a claim of
negligence. “The state owns
the shore, but nobody owns
Two treated after Explorer hits Rite Aid
OBITUARIES
Elmo L. Frame
By Seaside Signal
Astoria
Oct. 29, 1938 — Feb. 21, 2019
Mr. Elmo L. Frame, a resident of Asto- ger; son Rick Frame and his wife, Angelia;
ria, Oregon, passed away
daughter Evelind and her husband, Dean
peacefully, with his family by his side, Larson; daughter Meridith and her hus-
on Feb. 21, 2019.
band, Jerry Griffi n; 15 grand-
Elmo was born Oct. 29, 1938,
children, Kurstin, Rachel, Wyat,
to Elmo M. and Dorothy Frame
Lauren, Isaac, Alisha, Amirae,
in Seaside, Oregon. He grew up
Jordan, Karah, Jerod, Megan,
in the rural area of Hamlet Route
Jonah, Judah, Jaden and Anna;
outside Seaside, Oregon, and
and four great-grandchildren
graduated from Seaside High
Carson, Kira, Cohen and Yuri.
School.
He is preceded in death by his
Elmo followed in his father’s
sister, Dorothy Gregerson.
footsteps, working 28 years for
His hobbies included garden-
Elmo Frame
the Crown-Zellerbach Logging
ing, fi shing and home improve-
Co. as a surveyor and timber
ment projects. Elmo cherished
faller. After leaving Crown, Elmo started his family, and set a wonderful example for
a private fencing business called Frame’s each of us as a strong man of integrity and
Fencing, which he successfully ran in the hard work. We will miss him, his laughter
Clatsop County area for 18 years until and jokes.
retirement in 2004.
Family and friends are invited to join us
He is survived by his wife of 51 years, March 2, at 2 p.m. at The Loft at the Red
Bettie Frame; brother Roland Murry and Building, 20 Basin St, Suite F, in Astoria,
his wife, Judy Frame; brother-in-law Rod- Oregon, for a memorial service.
Sandra Claire Foushée
Brunswick, Maine
Feb. 8, 1937 — Feb. 2, 2019
Sandra Claire Foushée, mother, grand- Native American literature at Tillamook
mother, poet, and artist passed away in Bay Community College as well as Clat-
Brunswick, Maine, after a brief
sop Community College on the
illness, on Feb. 2, 2019, at the
Oregon Coast. She conducted
age of 81. She was born on Feb.
writing workshops for over 30
8, 1937, in Danville, Illinois, to
years, and inspired numerous
Nelson Smith and Helen Baird
writers and poets.
Smith.
Each day was an adventure,
Sandra graduated from the
and full of wonder for Sandra.
University of Missouri with a
She loved to write, dance, sing
bachelor’s degree in journalism,
and paint. Sandra lived life on
and received a master’s degree
her own terms, always wanting
Sandra Foushée
in English from the St. Louis
to be near the ocean. She made
University. Her poems have
friends easily, and approached
been published in Ploughshares, Prairie people with joy, warmth, and a smile.
Schooner, Rosebud, West Wind Review,
Sandra is survived by her son, Eric
The Seattle Review, the eleventh muse, Foushée, and his wife, Nancy Eckel
The Southern Poetry Review, and Runes.
Foushée; grandchildren Connor, Martha,
Sandra received a Walden Fellowship Lane and Asher; former spouse Richard
from the Northwest Writing Institute, has Foushée; and her beloved cat, Sir Guy. She
been a MacDowell Colony Fellow, and is preceded in death by her partner of 30
was an associate of the Rocky Mountain years, Alwyn Scott Turner.
Women’s Institute. In 2010 she won the
An open house celebration of her life
William Stafford Poetry Award from Rose- was held Thursday, Feb. 28, at People Plus
bud, and a Merit Award in poetry from in Brunswick, Maine.
Atlanta Review.
In lieu of fl owers, donations may be
An avid teacher, Sandra shared her pas- made to People Plus, 35 Union St., Bruns-
sion for creative writing, literature and wick, ME 04011.
Could LEMTRADA be right for
Could
you? LEMTRADA be right for
you?
Could LEMTRADA be right for
you?
March 2nd, 2019 at 11:30am
March 2nd, 2019 at 11:30am
March 2nd, 2019 at 11:30am
Baked Alaska
Baked
Alaska #1
1 12th Street
1
12th
Street
#1 97103
Astoria,
Oregon
Baked
Astoria, Alaska
Oregon 97103
1 12th Street #1
Astoria, Oregon 97103
Leah Gaedeke
Leah Gaedeke
Portland,
Oregon
Portland, Oregon
Leah Gaedeke
Portland, Oregon
the ocean,” Freud said.
Since the city’s state-
ments after the incident were
done in an offi cial capacity,
the city is entitled to “abso-
lute privilege from this (def-
amation) claim and cannot
be held liable for the com-
ments at issue.”
Moore responded in a
memorandum of opposition
to the request for dismissal,
fi led Tuesday.
Moore said the city fails
to establish facts necessary
for recreational immunity,
and the city should be liable
“if the defendant can reason-
ably foresee that there is an
unreasonable risk of harm
... and the plaintiff is injured
as a result of the failure to
warn.”
The city will respond
to Moore’s latest motion
within the timeline provided
by the court.
“I need a little more
time to digest it and we will
respond soon,” Freud said.
PEP-10966
PEP-10966
PEP-10966
This Ford Explorer hit the exterior of Rite Aid in Seaside.
A Ford Explorer crashed
into the Rite Aid building at
313 South Roosevelt Drive
in Seaside on Friday, Feb.
15.
At 12:34 p.m., police
responded to a call of an
elderly driver whose car had
struck the exterior on the
southwest side of the build-
ing. Two people were taken
to Providence Seaside Hos-
pital with possible injuries.
SEASIDE POLICE LOG
Feb. 8
Feb. 12
8:17 p.m., Forest Drive: Police
respond to a report of a female
threatening self harm and
harm to others. After speaking
with police, she agrees to calm
down for the night.
9:41 a.m., 1900 block N. Holla-
day: Police respond to a report
of a male loitering in the area
of the high school. Subject en-
tered the school looking for a
restroom; he inquired about
talking to students about
drugs. He was trespassed in fu-
ture from all school properties.
2:28 p.m., Eighth and Necani-
cum: A person is arrested and
charged with possession of
methamphetamine.
Feb. 9
3:37 a.m., Police headquarters:
Police respond to a call from a
man who says he is unable to
locate his fi ancé after she left a
bar intoxicated. He called back
later to say she returned.
3:44 p.m., Fisherman’s Fish and
Chips: Sex crimes are reported.
3:56 p.m., 700 block 16th Av-
enue: Caller reports possible
drug activity in the neighbor-
hood. Police say they will in-
crease patrols to the area.
Feb. 10
4:52 a.m., 1800 block S. Roos-
evelt: Burglary, theft and crim-
inal mischief are reported.
Feb. 11
11:42 a.m., Police headquar-
ters: A person came in to regis-
ter as a sex off ender.
Feb. 13
3:41 a.m., N. Wahanna: A de-
ceased person is reported.
8:15 a.m., 300 block S. Colum-
bia: Caller reports adult son
with a knife; caller and another
family member report feeling
threatened. Offi cers respond-
ing say no crime was commit-
ted and son unwilling to seek
help at this time.
Feb. 14
9:25 a.m., F Street, Gearhart:
Police assist Seaside police
with locating a subject in a ha-
rassment case.
3:37 p.m., Avenue T: Police re-
spond to report of someone
digging a cave on the beach.
Unable to locate subject or
cave.
Feb. 15
10:53 a.m., 300 block Eighth
Avenue: A burglary in the sec-
ond degree is reported, as well
as theft in the second degree.
Feb. 16
12:29 a.m., 300 block Fifth
Street: An assault in the fourth
degree is reported.
3:41 p.m., Pocket Park: Caller
reports bubble artists causing
a traffi c hazard. Artists say they
are ready to move along.
5:34 p.m., Holladay Drive: A
subject is arrested and charged
with violating a restraining or-
der.
Feb. 17
7:46 p.m., Seaside: Police assist
Portland police with missing
juveniles believed to be intox-
icated in the area. Youths are
located and turned over to a
responsible party.
MEMORIAL NOTICE
Saturday, March 9
MOORE, Wanda Mae —
Celebration of life at 1 p.m.,
Our Saviour’s Lutheran
Church, 320 First Ave. in
Seaside; reception follows at
the American Legion, 1216
S. Hemlock St. in Cannon
Beach. Moore, 70, of Man-
zanita, formerly of Seaside,
died Saturday, Feb. 2, 2019,
at home.
Waud’s Funeral Home in
Tillamook was in charge of
the arrangements.