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CORVALLIS AERO SERVICE v. VILLALOBOS

85-0136; CA A37299.

724 P.2d 880 (1986)

81 Or. App. 137

CORVALLIS AERO SERVICE, INC., an Oregon corporation, and the Oregon Insurance Guaranty Association, a public body, Appellants, v. Francisco VILLALOBOS, deceased, By and Through Adam DURAN, Personal Representative of the Deceased's Estate; and State Accident Insurance Fund Corporation, Respondents.

Court of Appeals of Oregon.

Decided September 10, 1986.

Attorney(s) appearing for the Case

John L. Langslet, Portland, argued the cause for appellants. With him on briefs was Martin, Bischoff, Templeton, Biggs & Ericsson, Portland.

No appearance for respondent Francisco Villalobos.

Richard D. Wasserman, Asst. Atty. Gen., Salem, argued the cause for respondent State Acc. Ins. Fund Corp. With him on the brief were Dave Frohnmayer, Atty. Gen., and James E. Mountain, Jr., Sol. Gen., Salem.

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

RICHARDSON, Presiding Judge.

In 1979, while employed by Jose Martinez, Francisco Villalobos suffered an on-the-job injury caused by the negligence of employes of Corvallis Aero Service (Corvallis).1 Villalobos received workers' compensation benefits from SAIF, and he brought a third-party negligence action against Corvallis. Corvallis' liability insurer was insolvent. Consequently, the Oregon Insurance Guaranty Association (OIGA) assumed...

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