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GERMAN v. MURPHY

9503-01375; CA A92761.

932 P.2d 580 (1997)

146 Or.App. 349

Chester GERMAN, Appellant, v. Keith MURPHY, dba K.J. Murphy Construction, dba K.J. Murphy Enterprises, Hayden Corporation, dba Hillman Properties Northwest, and Joe Murphy, dba K.J. Murphy Construction, Defendants, and Donald M. Drake Co., an Oregon corporation, Respondent.

Court of Appeals of Oregon.

Decided February 12, 1997.

Attorney(s) appearing for the Case

Nancy F.A. Chapman, Beaverton, argued the cause and filed the briefs for appellant.

Jennifer K. Oetter, Portland, argued the cause for respondent Donald M. Drake Co., Columbus, OH. With her on the brief were Carl R. Rodrigues and Lehner, Mitchell, Rodrigues & Sears, Portland.

Before RIGGS, P.J., and LANDAU and LEESON, JJ.

LEESON, Judge.

Plaintiff appeals from a summary judgment for defendant on plaintiff's claims against defendant for violation of the Employer's Liability Act (ELA) (ORS 654.305 et seq), negligence and negligence per se. We conclude that there are genuine issues as to material facts with respect to plaintiff's ELA and negligence claims, ORCP 47 C, and, accordingly, reverse and remand as to them. Because defendant is entitled to judgment as a matter of...

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