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ROBINSON v. OMARK INDUSTRIES, INC.

No. A7710-14624; CA 14037.

611 P.2d 665 (1980)

46 Or.App. 263

Michael W. ROBINSON, Appellant, v. OMARK INDUSTRIES, INC., an Oregon Corporation, Respondent, and Container-Craft, Inc., a California Corporation, Defendant.

Court of Appeals of Oregon.

Decided May 27, 1980.

Attorney(s) appearing for the Case

Robert K. Udziela, Portland, argued the cause for appellant. With him on the briefs was Pozzi, Wilson, Atchison, Kahn & O'Leary, Portland.

Elizabeth K. Reeve, Portland, argued the cause for respondent. With her on the brief were Ridgway K. Foley, Jr., Souther, Spaulding, Kinsey, Williamson & Schwabe, Donald Joe Willis, Michael D. Hoffman and Steven H. Pratt, Portland.

Before SCHWAB, C.J., and THORNTON and CAMPBELL, JJ.

SCHWAB, Chief Judge.

Plaintiff sued defendant, Omark Industries, for injuries he suffered while working on Omark's premises. Defendant alleged that workers' compensation was plaintiff's sole remedy and that it was therefore immune from tort liability. As contemplated by ORS 656.384(2), the trial court first tried and determined that defense, ruling in defendant's favor. Plaintiff appeals. We affirm.

The facts are unique in Oregon appellate decisions, although...

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