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HARDT v. COLUMBIA PLYWOOD

A8905-02576; CA A64214.

826 P.2d 85 (1992)

111 Or.App. 353

Robert HARDT, Respondent, v. COLUMBIA PLYWOOD, an Oregon Corporation, Appellant.

Court of Appeals of Oregon.

Decided February 12, 1992.

Attorney(s) appearing for the Case

Thomas M. Christ, Portland, argued the cause for appellant. With him on the briefs were Robert D. Scholz, MacMillan & Scholz, and Mitchell, Lang & Smith, Portland.

Robert K. Udziela, Portland, argued the cause for respondent. With him on the brief were Jan Thomas Baisch and Pozzi, Wilson, Atchison, O'Leary & Conboy, Portland.

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

DE MUNIZ, Judge.

Plaintiff, a log truck driver, was injured while delivering logs to defendant's mill. His complaint alleged negligence and a violation of the Employer Liability Law (ELL).1 Defendant's answer alleged, as an affirmative defense, that plaintiff was contributorily negligent. At the close of the evidence, plaintiff withdrew his negligence claim. The court granted plaintiff's motion for a directed verdict on the contributory...

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