Plaintiffs' allegations of negligence with respect to Defendants' failure to adopt the specific policies described are based on a failure to adopt more effective measures, not an absolute failure to act. See Rush v. Corvallis Sch. Dist. 509J, 291 Or.App. 252, 419 P.3d 746, 749-50 (2018) (distinguishing discretionary decisions about security allocations from the failure to take "any security precautions whatsoever"). Defendants had wide policy discretion in the means adopted to protect AICs from harm.
In reviewing a trial court’s summary judgment ruling, we view the evidence in the light most favorable to the nonmoving party, here plaintiff, to determine whether there is a genuine issue of material fact that precludes summary judgment. Rush v. Corvallis School District 509J , 291 Or.App. 252, 253, 419 P.3d 746 (2018). There is no genuine issue of material fact if, "based upon the record before the court viewed in a manner most favorable to the adverse party, no objectively reasonable juror could return a verdict for the adverse party on the matter that is the subject of the motion for summary judgment."