BREHM v. CATERPILLAR, INC.

050403737; A134390.

231 P.3d 797 (2010)

235 Or. App. 274

John Paul BREHM and Mishel Louise Brehm, husband and wife, Plaintiffs-Appellants, v. CATERPILLAR, INC., a foreign corporation; Pape Bros, Inc., an Oregon corporation; Star Group, Inc., an Oregon corporation; Linden-Wilson Truck & Equipment, LLC, an Oregon corporation, Defendants, and Copeland Sand & Gravel, Inc., an Oregon corporation, Defendant-Respondent.

Court of Appeals of Oregon.

Decided May 12, 2010.


Attorney(s) appearing for the Case

Robert K. Udziela, Portland, argued the cause and filed the briefs for appellants.

Michael T. Stone, Hillsboro, argued the cause and filed the brief for respondent.

Before WOLLHEIM, Presiding Judge, and BREWER, Chief Judge, and SERCOMBE, Judge.


WOLLHEIM, P.J.

Plaintiffs, John Brehm (Brehm) and his wife, Mishel Brehm, appeal a limited judgment dismissing with prejudice their negligence, Oregon Employer Liability Law, and loss of consortium claims against defendant Copeland Sand & Gravel, Inc.1 They assign error to the trial court's granting of defendant's motion for summary judgment on the ground that plaintiffs' claims were barred by the exclusive liability provision of the...

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