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ORE-IDA FOODS, INC. v. INDIAN HEAD CATTLE CO.

No. 15,129-L; CA 13805; SC 26839.

627 P.2d 469 (1981)

290 Or. 909

ORE-IDA FOODS, INC., a Corporation, and Drake Insurance Company of New York, a Corporation, Petitioners, v. INDIAN HEAD CATTLE COMPANY, an Oregon Corporation, Respondent.

Supreme Court of Oregon, In Banc.

Decided April 28, 1981.

Attorney(s) appearing for the Case

Carl Burnham, Jr., Ontario, argued the cause for petitioners. With him on the briefs were Cliff S. Bentz and Yturri, Rose, Burnham & Ebert, Ontario.

William A. McCurdy, Boise, Idaho, argued the cause for respondent. With him on the briefs were Jeremiah A. Quane of Quane, Smith, Howard & Hull, Boise, Idaho, and J. Burdette Pratt of Henigson, Stunz, Fonda & Pratt, Nyssa.

PETERSON, Justice.

In this case an employer (Ore-Ida) of a deceased employee (Gonzalez) paid workers' compensation survivors benefits to Donna Burzota, an unmarried cohabitant of the decedent. Gonzalez was killed on the employer's premises when struck by a truck operated by the defendant, with whom the employer had a contract to remove waste products from the employer's premises. The employer sued the defendant, asserting that the sole cause of the death, and the...

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