The Oregon Court of Appeals reinstated a woman’s personal injury suit against the City of Newport after she fell on the public ”Ocean to Bay Trail,” finding issues of material fact and the remained as to whether she used the trail for recreational purposes or for access to a beach.

In a July 6 opinion, authored by Judge Josephine H. Mooney, the court determined that summary judgment had erroneously been granted to the city in favor of its recreational immunity defense as genuine issues of material fact remained as to whether the fall in question had occurred during recreational purposes.