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TORRES v. UNITED STATES NAT. BANK

A8007-03990; A25563.

670 P.2d 230 (1983)

65 Or.App. 207

Jose J. TORRES, Appellant, v. UNITED STATES NATIONAL BANK OF OREGON, a Corporation, Respondent.

Court of Appeals of Oregon.

Decided October 12, 1983.

Reconsideration Denied November 25, 1983.

Attorney(s) appearing for the Case

Keith D. Skelton, Portland, argued the cause and filed the brief for appellant.

Susan E. Watts, Portland, argued the cause for respondent. On the brief were Garr M. King, Bruce G. Thompson, and Kennedy, King, Zimmer & O'Malley, Portland.

Before RICHARDSON, P.J., and VAN HOOMISSEN and NEWMAN, JJ.

NEWMAN, Judge.

Plaintiff appeals from a judgment entered after the court granted defendant's motion to dismiss his complaint. Plaintiff sued for personal injuries suffered when he was shot by a robber while making a deposit in the night depository at defendant's bank. We hold that plaintiff's complaint states a negligence claim but fails to state a claim under the Employer's Liability Act (ELA), ORS 654.305.

Plaintiff alleged that defendant installed a night...

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