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DAVIS v. U.S. EMPLOYERS COUNCIL, INC.

9304-02342; CA A85584.

934 P.2d 1142 (1997)

147 Or. App. 164

Larry J. DAVIS, Appellant, v. UNITED STATES EMPLOYERS COUNCIL, INC., dba Sharp Management Services, Barbara Sharp, Defendants, and Lanphere Enterprises, Inc., dba Beaverton Honda, Respondent.

Court of Appeals of Oregon.

Decided March 19, 1997.

Review Denied May 27, 1997.

Attorney(s) appearing for the Case

James S. Coon, Portland, argued the cause for appellant. With him on the briefs was Swanson, Thomas & Coon.

Stephen P. Rickles, Portland, argued the cause for respondent. With him on the brief was Holmes & Rickles.

Before DEITS, P.J., and De MUNIZ and HASELTON, JJ.

HASELTON, Judge.

Plaintiff appeals from an adverse judgment, which was entered after allowance of an involuntary dismissal, in an action for workplace personal injury. The trial court concluded that the exclusive remedy provision of the workers' compensation law, ORS 656.018, barred plaintiff's claim, because plaintiff's proof was legally insufficient to establish that his injury resulted "from the deliberate intention of the employer * * * to produce such injury...

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