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DEMILLY v. BUTLER AMUSEMENTS, INC.

9809-06686; A108482

33 P.3d 343 (2001)

177 Or. App. 106

Jesse W. DEMILLY, Appellant, v. BUTLER AMUSEMENTS, INC., a California corporation, Respondent.

Court of Appeals of Oregon.

Decided October 3, 2001.

Attorney(s) appearing for the Case

Gerald C. Doblie, Portland, argued the cause for appellant. With him on the briefs was Doblie & Associates.

Ruth C. Rocker, Portland, argued the cause for respondent. With her on the brief was Hoffman, Hart & Wagner, LLP.

Before HASELTON, Presiding Judge, and DEITS, Chief Judge, and WOLLHEIM, Judge.

Valley Catholic High School, Beaverton.

WOLLHEIM, J.

Plaintiff filed this personal injury action against defendant, Butler Amusements (Butler), for negligence, negligence per se, and violation of the Employer Liability Law, ORS 654.305 to ORS 654.335. The trial court granted Butler's motion to bifurcate the trial and first held a bench trial on its affirmative defenses. The trial court agreed with Butler's affirmative defense that plaintiff was a "worker...

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