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CORTEZ v. NACCO MATERIALS HANDLING GROUP

A144045; 050302632.

274 P.3d 202 (2012)

248 Or. App. 435

Antonio CORTEZ, Plaintiff-Appellant, v. NACCO MATERIALS HANDLING GROUP, INC., a Delaware corporation, assumed business name Hyster Company; and Pape Material Handling, Inc., an Oregon corporation, fka Pape Lift, Inc., assumed business name Hyster Sales Company, Defendants, and Swanson Group, Inc., an Oregon corporation, Defendant-Respondent.

Court of Appeals of Oregon.

Decided February 29, 2012.

Attorney(s) appearing for the Case

Robert K. Udziela , Portland, argued the cause for appellant. With him on the briefs were J. Randolph Pickett , R. Brendan Dummigan , Kristen West , Pickett Dummigan LLP, Peter O. Hansen , and Law Offices of Peter Hansen.

Matthew Kalmanson , Portland, argued the cause for respondent. On the brief were Marjorie A. Speirs , Janet M. Schroer , and Hoffman Hart & Wagner, LLP.

Before SCHUMAN, Presiding Judge, and WOLLHEIM, Judge, and NAKAMOTO, Judge.

NAKAMOTO, J.

Plaintiff appeals from a limited judgment dismissing with prejudice all of his claims against defendant Swanson Group, Inc.1 The trial court granted defendant's motion for summary judgment on the ground that defendant is exempt from liability under the exclusive remedy provision, ORS 656.018, of the workers' compensation law. According to plaintiff, the exclusive remedy provision does not shield defendant, because defendant...

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