NICHOLSON v. BLACHLY

A8511-07449; CA A40516.

740 P.2d 220 (1987)

86 Or.App. 645

Randy L. NICHOLSON, Appellant, v. B.J. BLACHLY, Pacific Fruit Express Company, a Utah Corporation, and International Rehabilitation Associates, Inc., a Delaware Corporation, Dba Intracorp Company, Respondents.

Court of Appeals of Oregon.

Decided August 5, 1987.

Reconsideration Denied September 25, 1987.

Review Allowed October 27, 1987.


Attorney(s) appearing for the Case

Peter O. Hansen, Portland, argued the cause for appellant. On the brief was Warren A. Covington, Portland.

Mildred Carmack, Portland, argued the cause for respondents B.J. Blachly and Intern. Rehabilitation Associates, Inc. On the brief were Allan M. Muir, Portland, Wayne A. Williamson, Portland, Dennis S. Reese, Portland and Schwabe, Williamson, Wyatt, Moore & Roberts, Portland.

Thomas W. Sondag, Portland, argued the cause for respondent Pacific Fruit Express Co. With him on the brief was Spears, Lubersky, Campbell, Bledsoe, Anderson & Young, Portland.

Before WARDEN, P.J., JOSEPH, C.J., and VAN HOOMISSEN, J.


JOSEPH, Chief Judge.

Plaintiff appeals from judgments dismissing his complaint for breach of contract and negligence. ORCP 21 A. The trial court based the dismissals on the ground that plaintiff's exclusive remedy is under the Workers' Compensation Act. We affirm.

In reviewing an ORCP 21 A dismissal, we assume the truth of plaintiff's allegations. Crosby v. SAIF, 73 Or.App. 372

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