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STOEGER v. BURLINGTON NORTHERN R.R. CO.

CC 9304-02196; CA A82933; SC S42068.

919 P.2d 39 (1996)

323 Or. 569

Edward STOEGER, Petitioner on Review, v. BURLINGTON NORTHERN RAILROAD COMPANY; and Elf Atochem North America, Inc. aka Atochem North American, Inc., Respondents on Review.

Supreme Court of Oregon.

Decided July 18, 1996.

Attorney(s) appearing for the Case

Thomas M. Christ, of Mitchell, Lang & Smith, Portland, argued the cause for petitioner on review. With him on the petition were Douglas S. Querin and Stacy J. Hankin, of Bricker, Zakovics & Querin, P.C., Portland.

Larry E. Leggett, of Kroschel & Gibson, Bellevue, Washington, argued the cause and filed the brief for respondent on review Burlington Northern Railroad Company.

Jerard S. Weigler, of Lindsay, Hart, Neil & Weigler, Portland, argued the cause for respondent Elf Atochem Northern American, Inc. With him on the brief was Robin A. Jones, Portland.

Michael H. Simon, of Perkins Coie, Portland, filed a brief on behalf of amicus curiae Oregon Association of Defense Counsel.

Anthony A. Allen, of Law Offices of Michael B. Dye, Salem, filed a brief amicus curiae Oregon Trial Lawyers Association.

Before CARSON, C.J., and GILLETTE, VAN HOOMISSEN, FADELEY, GRABER and DURHAM, JJ.

VAN HOOMISSEN, Justice.

Plaintiff, an employee of defendant Burlington Northern Railroad Company (BN), brought this action alleging that he was injured while working on sidetracks owned by defendant Elf Atochem North America, Inc. (Atochem). The trial court granted defendants' motions for summary judgment on the ground that there was no genuine issue of material fact regarding defendants' alleged negligence. The Court of Appeals affirmed without opinion. Stoeger...

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