SMOTHERS v. GRESHAM TRANSFER, INC.

(CC 9505-02969; CA A90805; SC S44512)

23 P.3d 333 (2001)

332 Or. 83

Terry L. SMOTHERS, Petitioner on Review, v. GRESHAM TRANSFER, INC., an Oregon corporation, Respondent on Review.

Supreme Court of Oregon.

Decided May 10, 2001.


Attorney(s) appearing for the Case

Michael A. Gilbertson, Ransom & Gilbertson, Portland, argued the cause and filed the briefs for petitioner on review.

Thomas W. Sondag, Lane Powell Spears Lubersky LLP, Portland, argued the cause and filed the brief for respondent on review.

Chess Trethewy, Garrett, Hemann, Robertson, Paulus, Jennings & Comstock, P.C., Salem, filed a brief on behalf of amicus curiae Associated Oregon Industries. With him on the brief was Paul J. Weddle, Salem.

Lawrence Baron, Portland, filed a brief on behalf of amicus curiae Oregon Trial Lawyers Association. With him on the brief was Daniel L. Keppler, Portland.

Kathryn H. Clarke, Portland, filed a brief on behalf of amicus curiae Oregon Trial Lawyers Association. With her on the brief were Maureen Leonard and Matthew Whitman, Portland.

David L. Runner, Salem, filed a brief on behalf of amicus curiae SAIF Corporation and Timber Products Company.

G. Kenneth Shiroishi, Dunn Carney Allen Higgins & Tongue, Portland, filed a brief on behalf of amicus curiae Oregon Association of Defense Counsel.

Before CARSON, Chief Justice, and GILLETTE, DURHAM, KULONGOSKI, LEESON, and RIGGS, Justices.


LEESON, J.

Plaintiff filed this negligence action against defendant, his employer, after an administrative law judge (ALJ) of the Workers' Compensation Board upheld the insurer's denial of plaintiff's workers' compensation claim. The ALJ found that plaintiff's exposure to sulfuric, hydrochloric, and hydrofluoric acid mist and fumes at work was not the "major contributing cause" of plaintiff's respiratory condition and other...

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