M.L. KAUTH, INC. v. LYON

A9004-02295; CA A69406.

840 P.2d 730 (1992)

116 Or. App. 216

M.L. KAUTH, INC., an Oregon corporation, Respondent, v. Paul E. LYON, Appellant.

Court of Appeals of Oregon.

Decided November 4, 1992.

Reconsideration Denied December 23, 1992.


Attorney(s) appearing for the Case

John S. Cavanagh, Tigard, argued the cause for appellant. With him on the brief was Cavanagh & Zipse, Tigard.

Samuel C. Justice, Portland, argued the cause and filed the brief for respondent.

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


DURHAM, Judge.

Defendant appeals from a summary judgment for plaintiff. The issue is whether there is a material factual dispute as to plaintiff's right to indemnity from defendant for litigation costs. We affirm.

Plaintiff owned a Domino's Pizza store and employed defendant as a delivery driver. On December 17, 1986, defendant ran a personal errand during a work break. The store manager permitted him to drive a vehicle displaying a Domino's sign and to wear...

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