BOOTHBY v. D.R. JOHNSON LUMBER CO.

9812-09070; A110786.

55 P.3d 1113 (2002)

184 Or.App. 138

Marilu E. BOOTHBY, Personal Representative of the Estate of Winston Boothby, Deceased, for the benefit of Marilu E. Boothby, surviving spouse; Marilu E. Boothby, guardian ad litem for Brett M. Boothby, a minor; Cheryl M. Davis, a minor; Shayne N. Davis, a minor; and Rodney R. Davis, Jr., a minor, children of decedent; Michael T. Boothby and Gloria Negron, surviving parents of decedent, Appellants-Cross-Respondents, v. D.R. JOHNSON LUMBER CO., an Oregon corporation, Respondent-Cross-Appellant, and Rhine Equipment Company and Barko Hydraulics, L.L.C., fka Barko Hydraulics, Inc., fka Barko Hydraulics, Defendants.

Court of Appeals of Oregon.

Decided October 9, 2002.


Attorney(s) appearing for the Case

Meagan A. Flynn, Portland, argued the cause for appellants-cross-respondents Marilu E. Boothby. With her on the briefs was Preston Bunnell & Stone, LLP.

Peter R. Chamberlain, Portland, argued the cause for respondent-cross-appellant D.R. Johnson Lumber Co. With him on the briefs was Bodyfelt Mount Stroup & Chamberlain.

Before LANDAU, Presiding Judge, and BREWER and SCHUMAN, Judges.


BREWER, J.

Winston Boothby was crushed to death under a log loader. Plaintiff, individually and as the personal representative of Boothby's estate, alleged claims against defendant D.R. Johnson Lumber Co. (Johnson Lumber) for common-law negligence and for violations of the Employer Liability Act (ELA), ORS 654.305 to 654.336, and the Oregon Safe Employment Act (OSEA), ORS 654.001 to 654.295 and related statutes.1 The jury returned a verdict...

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