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ROBERTS v. GRAY'S CRANE & RIGGING

A8206 03882; CA A31447.

697 P.2d 985 (1985)

73 Or.App. 29

Theodore ROBERTS, Personal Representative of the Estate of Sandy Roberts, Deceased, Plaintiff, v. GRAY'S CRANE & RIGGING, Inc., an Oregon Corporation, and Earl Goll, Defendants and Third-Party Plaintiffs/Appellants, v. EMERICK CONSTRUCTION CO., and L.D. Mattson, Inc., Dba Emerick/Mattson Construction Co., Third-Party Defendants and Fourth-Party Plaintiff v. DISDERO STRUCTURAL INCORPORATED, Fourth-Party Defendant/Respondent.

Court of Appeals of Oregon.

Decided April 3, 1985.

Reconsideration Denied May 10, 1985.

Attorney(s) appearing for the Case

J. Randolph Pickett, Portland, for defendants and third-party plaintiffs/appellants Gray's Crane & Rigging, Inc., and Earl Goll. With him on the briefs were Sandra Hansberger and Don G. Swink, Portland.

Jas. Jeffrey Adams, Portland, for fourth-party defendant/respondent Disdero Structural Inc. With him on the brief was Mitchell, Lang & Smith, Portland.

Before RICHARDSON, P.J., and WARDEN and NEWMAN, JJ.

RICHARDSON, Presiding Judge.

This is a wrongful death action involving the exclusive liability provision of the Workers' Compensation Act. ORS 656.018. The issue is whether that statute voids the indemnity agreements entered into between the parties to this appeal. Defendants/third party plaintiffs appeal a judgment entered on an order dismissing their amended third party complaint, which sought enforcement of the indemnity agreements against fourth party defendant...

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