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SMOTHERS v. GRESHAM TRANSFER, INC.

9505-02969; CA A90805.

941 P.2d 1065 (1997)

149 Or. App. 49

Terry L. SMOTHERS, Appellant, v. GRESHAM TRANSFER, INC., an Oregon corporation, Respondent.

Court of Appeals of Oregon.

Decided July 2, 1997.

Attorney(s) appearing for the Case

Michael A. Gilbertson, Portland, argued the cause and filed the briefs for appellant.

Thomas W. Sondag, Portland, argued the cause for respondent. With him on the brief were Scott P. Monfils and Lane Powell Spears Lubersky.

Chess Trethewy and Garrett, Hemann, Robertson, Paulus, Jennings & Comstock, Salem, filed the brief amicus curiae for Associated Oregon Industries.

Maureen Leonard, Portland, filed the brief amicus curiae for Oregon Trial Lawyers Association.

Before WARREN, P.J., and EDMONDS and ARMSTRONG, JJ.

EDMONDS, Judge.

Plaintiff alleges that, while acting in the course of his employment, he sustained personal injuries due to defendant employer's negligence. Defendant moved to dismiss for failure to state ultimate facts sufficient to constitute a claim, ORCP 21 A(8), and the trial court granted his motion. Plaintiff appeals and assigns error on the grounds that the court's application of ORS 656.018, the exclusive remedy provision of the Workers' Compensation Law...

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