COUNTS v. WAKEFIELD


492 P.2d 278 (1971)

Donna COUNTS and Deborah Counts, a Minor, by and through Her Guardian Ad Litem, Donna Counts, Appellants, v. Geo. E. WAKEFIELD, Dba Geo. E. Wakefield Trucking Co., Respondent.

Supreme Court of Oregon.

Decided December 30, 1971.


Attorney(s) appearing for the Case

Raymond J. Conboy, Portland, argued the cause for appellants. With him on the brief were Pozzi, Wilson & Atchison and Donald Atchison, Portland.

Howard M. Feuerstein, Portland, argued the cause for respondent. With him on the brief were Davies, Biggs, Strayer, Stoel & Boley, Portland.

Before O'CONNELL, C.J., and DENECKE, HOLMAN, TONGUE, HOWELL and BRYSON, JJ.


Argued and Submitted at Pendleton October 26, 1971.

DENECKE, Justice.

This is a wrongful death action brought by the dependents of a deceased workman. Both the defendant and the decedent's employer were covered by the Workmen's Compensation Law. The defendant filed an answer alleging that under these circumstances the plaintiffs' exclusive remedy is benefits provided under the Workmen's Compensation Law. The trial...

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