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VARLAND v. SMITH

90CV0381; CA A66985.

828 P.2d 1053 (1992)

112 Or. App. 271

Shirley VARLAND, individually and Personal Representative of the Estate of Neal Varland, Deceased, Steven Varland and Gale Varland, Appellants, v. F. Willis SMITH, dba Riverside Land and Cattle Company, Respondent.

Court of Appeals of Oregon.

Decided April 8, 1992.

Attorney(s) appearing for the Case

Roger Gould, Coos Bay, argued the cause for appellants. With him on the briefs was Joelson, Gould, Wilgers and Dorsey, P.C., Coos Bay.

William H. Stockton, Hillsboro, argued the cause for respondent. With him on the brief was Schwenn, Bradley, Batchelor, Brisbee and Stockton, Hillsboro.

Before BUTTLER, P.J., and ROSSMAN and DE MUNIZ, JJ.

BUTTLER, Presiding Judge.

Plaintiffs appeal from a judgment dismissing their wrongful death action, based on negligence and liability under the Employers' Liability Act. ORS 654.305 et seq. (ELA). The trial court granted defendant's motion for summary judgment on the ground that defendant is exempt from liability under ORS 656.018 and that plaintiff's exclusive remedy is under the Workers' Compensation Act. We agree and affirm.

The decedent was an employee...

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