SPAIN v. JONES

092402L7; A148635.

308 P.3d 257 (2013)

257 Or. App. 777

Derek M. SPAIN, Plaintiff-Appellant, v. Mark JONES, individually, dba Mark Jones Construction, and as Trustee of the Jones 1996 Family Trust; Keith Rossetto, individually and dba Keith Rossetto Construction; and David Brown, individually and dba David Brown Construction, Defendants-Respondents.

Court of Appeals of Oregon.

Decided August 7, 2013.


Attorney(s) appearing for the Case

Frederick H. Lundblade argued the cause for appellant. With him on the brief was Black, Chapman, Webber & Stevens.

Dominic M. Campanella , Medford, argued the cause for respondent Mark Jones. With him on the brief was Brophy, Schmor, Brophy, Paradis, Maddox & Weaver, LLP.

Ryan J. McLellan , Portland, argued the cause for respondent Keith Rossetto. With him on the brief were W. Michael Quillen and Smith Freed & Eberhard P.C.

Tracy M. McGovern , Medford, argued the cause for respondent David Brown. With her on the brief was Frohnmayer, Deatherage, Jamieson, Moore, Armosino & McGovern, PC.

Before ARMSTRONG, Presiding Judge, and DUNCAN, Judge, and BREWER, Judge pro tempore.


DUNCAN, J.

Plaintiff, a plumber, fell on a construction worksite and was injured. He filed suit against defendant Jones,1 who owned the property and was overseeing the construction project, and defendants Rossetto and Brown, who were framing subcontractors on the project, alleging that (1) all three defendants' negligence caused his injuries, (2) Jones was liable for his injuries under a theory of premises-liability, and (3) he was entitled...

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