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GEORGE v. MYERS

(9712-10258; CA A104584)

10 P.3d 265 (2000)

169 Or. App. 472

Kelly GEORGE, Appellant, v. Dennis MYERS, dba Dennis Myers, Designer Builder, Respondent.

Court of Appeals of Oregon.

Decided August 30, 2000.

Attorney(s) appearing for the Case

J. Randolph Pickett, Portland, argued the cause and filed the briefs for appellant.

Bruce R. Gilbert argued the cause for respondent. With him on the brief was Smith, Freed, Heald & Chock, P.C.

Before De MUNIZ, Presiding Judge, and HASELTON and WOLLHEIM, Judges.

HASELTON, J.

Plaintiff appeals, assigning error to the allowance of summary judgment dismissing his claims for violation of the Employer Liability Act (ELA), ORS 654.305 et seq., and for negligence per se and common law negligence. We conclude that: (1) Defendant is not subject to "indirect employer" liability under the ELA. (2) Defendant, either as a general contractor or a property owner, cannot be liable in negligence per se for alleged violation...

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