CHESTERMAN v. BARMON

82-0538C; CA A35388; SC S33475.

753 P.2d 404 (1988)

305 Or. 439

Linda CHESTERMAN, Respondent On Review, v. Harry BARMON, Defendant, Construction 80, Inc., Petitioner On Review, Lexington Construction, Inc., Defendant.

Supreme Court of Oregon, In Banc.

Decided April 12, 1988.


Attorney(s) appearing for the Case

Thomas M. Christ, Portland, argued the cause for petitioner on review. With him on the petition was Mitchell, Lang & Smith, Portland.

Lawrence Matasar, Portland, argued the cause for respondent on review. Also on the response to the petition for review was Hoffman, Matasar & Glaeser, Portland.


CARSON, Justice.

This case concerns the doctrine of respondeat superior. The question presented is whether a corporation may be held vicariously liable for an injury to a third party which results from an employee's taking a drug.

The case comes before us for review of the trial court's grant of summary judgment for defendant Construction 80, Inc. (the corporation). On review, our task is not to decide whether the employee was negligent or, if he were...

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