DAVIS v. PACIFIC DIESEL POWER CO.

No. A7707-1376; CA 10715, No. A7706-07914; CA 10688, No. A7708-11863; CA 10715 and No. A7708-1164; CA 10715.

598 P.2d 1228 (1979)

41 Or.App. 597

Elizabeth DAVIS, Personal Representative of the Estate of Charles Davis, Deceased, Appellant, v. PACIFIC DIESEL POWER CO., a Delaware Corporation, Respondent. Gordon Inslee, Appellant, v. PACIFIC DIESEL POWER CO., a Delaware Corporation, Respondent. Alex Denmon, Appellant, v. PACIFIC DIESEL POWER CO., a Delaware Corporation, Respondent. Rosie L. Booker, Personal Representative of the Estate of James E. Booker, Deceased, Appellant, v. Pacific Diesel Power Co., a Delaware Corporation, Respondent.

Court of Appeals of Oregon.

Decided August 20, 1979.


Attorney(s) appearing for the Case

William A. Gaylord, Portland, argued the cause for appellant Gordon Inslee. With him on the brief were Gaylord & Thomas, Jack Ofelt, Jr., Franklin, Bennett, Ofelt & Jolles, P.C., Donald A. Buss, Buss, Leichner & Barker and Richard O. Nesting, Portland.

William B. Aitchison, Portland, argued the cause for appellant Elizabeth Davis. With him on the brief were Franklin, Bennett, Ofelt & Jolles, P.C., William A. Gaylord, and Gaylord & Thomas, Donald A. Buss, Buss, Leichner & Barker and Richard O. Nesting, Portland.

Donald A. Buss, Portland, filed the briefs for appellant Rosie L. Booker. With him on the brief were, Buss, Leichner & Barker, William A. Gaylord and Gaylord & Thomas, Jack Ofelt, Jr., and Franklin, Bennett, Ofelt & Jolles, P.C., and Richard O. Nesting, Portland.

Richard O. Nesting, Portland, filed the brief for appellant Alex Denmon. With him on the brief were William A. Gaylord and Gaylord & Thomas, Jack Ofelt, Jr., and Franklin, Bennett, Ofelt & Jolles, P.C., Donald A. Buss and Buss, Leichner & Barker, Portland.

Michael A. Lehner, Portland, argued the cause for respondent. With him on the brief was Hershiser, Mitchell, Mowery & Davis, Portland.

Before LEE, P.J., and GILLETTE and CAMPBELL, JJ.


CAMPBELL, Judge.

In these consolidated actions for wrongful deaths and personal injuries, plaintiffs appeal from a judgment entered on a jury verdict for defendant. We affirm.

On February 26, 1975, Charles Davis, Gordon Inslee, Alex Denmon, and James E. Booker were working as sandblasters in the hold of an oil tanker under construction by their employer, FMC, in a water berth at Swan Island in Portland, Oregon. Their breathing air was supplied by a bank of...

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