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HUNSPERGER v. USF REDDAWAY, INC.

0009-09550; A117610.

96 P.3d 1277 (2004)

195 Or.App. 144

William HUNSPERGER, Appellant, and Mary Hunsperger, Plaintiff, v. USF REDDAWAY, INC., an Oregon corporation and a subsidiary of USFreightways, Inc., Respondent, and Portland General Electric, a subsidiary of Enron Corporation, a Texas corporation; USFreightways Corporation, a Delaware corporation; USF Distribution Services, Inc., an Illinois corporation and a subsidiary of USFreightways corporation; Enron Corporation, a Texas corporation; Ottawa Truck Inc.; Ottawa Truck International, Inc.; Ottawa Truck Company; Ottawa Truck Corp.; Ottawa Truck Corporation, Inc.; Ottawa Trucking Corporation; Ottawa Trucks, a division of Kalmar Industries, Corp., a wholly-owned subsidiary of Kalmar Industries AB; Sisu American, Inc.; Sisu North America, Ins.; Sisu, N.A.; Sisu USA, Inc.; Sisu Terminal Systems, Inc.; Kalmar Industries USA Inc., a Texas corporation; Kalmar Industries, Corp.; Kalmar Industries, Inc./Ottawa Truck Division; Kalmar, Inc.; Kalmar Industries, Inc./Magnum Division; Kalmar Ac., Inc.; Kalmar-ac Handling Systems, Inc.; Kalmar-ac Group, Inc.; Cargotec, Inc.; Partek Corporation, a Finnish corporation, Defendants.

Court of Appeals of Oregon.

Decided September 1, 2004.

Attorney(s) appearing for the Case

Ben Shafton argued the cause for appellant. With him on the briefs was Morse & Bratt.

Peter C. Richter, Portland, argued the cause for respondent. With him on the brief were William H. Walters, Portland, and Miller Nash LLP.

Before EDMONDS, Presiding Judge, and SCHUMAN and ORTEGA, Judges.

ORTEGA, J.

Plaintiff William Hunsperger appeals from the trial court's grant of summary judgment in favor of defendant USF Reddaway (defendant) on his personal injury claim.1 Plaintiff William Hunsperger and his wife sued defendant, plaintiff's employer, for injuries that he suffered while at work. Plaintiff argues that genuine issues of material fact exist sufficient to create an issue for the jury regarding whether defendant deliberately...

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