Tijerina v. Cornelius Christian Church

539 P.2d 634, 273 Or. 58, 1975 Ore. LEXIS 302
CourtOregon Supreme Court
DecidedSeptember 5, 1975
StatusPublished
Cited by19 cases

This text of 539 P.2d 634 (Tijerina v. Cornelius Christian Church) is published on Counsel Stack Legal Research, covering Oregon Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Tijerina v. Cornelius Christian Church, 539 P.2d 634, 273 Or. 58, 1975 Ore. LEXIS 302 (Or. 1975).

Opinions

O’CONNELL, C.J.

This is an action to recover damages resulting from personal injuries suffered by plaintiff on defendant’s premises. Defendant appeals from a judgment entered on a jury’s verdict in plaintiff’s favor.

Plaintiff was injured on June 25, 1972, while participating in a non-competitive softball game conducted by defendant church in connection with its Sunday school program. Plaintiff, who had never before played softball, had run to first base on his second time at bat and was running toward second base when he fell, fracturing his left tibia and fibula. Plaintiff testified that he had stepped in a hole. Two witnesses testified that near the scene of plaintiff’s fall there were potholes which were hidden by dry weeds or loose [61]*61dirt. Another player testified that after plaintiff’s injury he located scuff marks in a hole approximately eight inches wide and four inches deep in the immediate area where plaintiff fell. Other players testified that they could find no holes in the area.

As a result of his injury, plaintiff was required to wear a cast for several months and was unable to work for eight months. The injury had caused plaintiff’s left leg to be shorter than his right, requiring him to wear a %-ineh pad across the sole of his shoe and impairing his ability to run or walk on uneven ground. He now suffers progressive traumatic arthritis.

Defendant is a religious organization located within the boundaries of the city of Cornelius, Oregon. The softball field on which plaintiff was injured occupies the west end of a 3%-acre parcel, the east end of which is occupied by defendant’s church building. Defendant obtained the property in 1969 and constructed a baseball backstop in 1971. Prior to defendant’s, use, the land was planted to grain. Adjacent land is still used for agricultural purposes. Defendant’s property produces a substantial growth of volunteer grain and various weeds which defendant is obligated to mow to comply with fire regulations. In 1974, the field was mowed by a third person who was given the clippings for his efforts.

Defendant held the field open to the general public without restriction. The open portions of the property, including the softball field, often were traversed by horse and motorcycle riders, producing ruts and holes in the field some of which were obscured by the overgrowth of vegetation. The mowing of the field tended to cut the weeds off more or less evenly, as a result of which the surface formed by the stubble was smoother than the ground itself.

On June 11, 1972 (two weeks before plaintiff’s [62]*62fall), the subject of the condition of the field was taken up at one of defendant’s monthly business meetings. Two of defendant’s deacons, responsible for the maintenance of the church property, reported that previously they had inspected the field and discovered holes and ruts. Mr. Young, one of these deacons, who had considerable experience in the construction and maintenance of Little League fields, stated at the meeting that, in his opinion, the field was unsafe and would require rototilling to make it playable. A motion was then made calling for the repair of the field and for the construction of a fence to prevent continued horse and motorcycle traffic across the playing field. The minister of the defendant church objected to fencing the field as inappropriate to a community church. The matter was referred to the board of trustees and no action was taken by the board before plaintiff’s injury.

At about the same time defendant, through a church bulletin, invited its members and their families to attend a picnic and softball game on the field on June 25, 1972. The bulletin did not refer to the dangerous condition of the field. A week before the picnic and game a group of church members used dirt taken from around the church building to fill some of the holes on the diamond.

On the day of his fall, plaintiff attended church with his family. They had brought food to contribute to the potluck picnic. Plaintiff, who had never before played softball, was invited to do so by a church trustee. After some initial hesitation, he accompanied the trustee onto the field. A short time later the fall which caused his injury occurred.

The case was submitted to the jury on a special verdict form. The jury found that plaintiff had not assumed the risk of his injuries and was not negligent, that defendant was negligent and that defendant’s [63]*63negligence was a canse of the accident. They found for plaintiff in the snm of $59,363.17.

Defendant raises several grounds for reversal, the first of which is the assertion that the trial court erred in refusing to hold that defendant’s softball diamond was agricultural land, excluding recovery under OES 105.655-105.680.

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Tijerina v. Cornelius Christian Church
539 P.2d 634 (Oregon Supreme Court, 1975)

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Bluebook (online)
539 P.2d 634, 273 Or. 58, 1975 Ore. LEXIS 302, Counsel Stack Legal Research, https://law.counselstack.com/opinion/tijerina-v-cornelius-christian-church-or-1975.