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CORTEZ v. NACCO MATERIAL HANDLING GROUP

(CC 0503-02632; CA A144045; SC S060604).

337 P.3d 111 (2014)

265 Or. App. 572

356 Or. 254

Antonio CORTEZ, Respondent on Review/Cross-Petitioner on Review, v. NACCO MATERIAL HANDLING GROUP, INC., a Delaware corporation, assumed business name Hyster Company; and Papé Material Handling Inc., an Oregon corporation, fka Papé Lift, Inc., assumed business name Hyster Sales Company, Defendants, and Swanson Group, Inc., an Oregon corporation, Petitioner on Review/Cross-Respondent on Review.

Supreme Court of Oregon, En Banc.

October 2, 2014.

Attorney(s) appearing for the Case

Matthew J. Kalmanson , Hart Wagner, LLP, Portland, argued the cause and filed the briefs for petitioner on review/cross-respondent on review. With him on the briefs was Janet M. Schroer.

Robert K. Udziela , Portland, argued the cause for respondent on review/cross-petitioner on review. J. Randolph Pickett , Pickett Dummigan LLP, Portland, filed the brief for respondent on review/cross-petitioner on review. With him on the brief were R. Brendan Dummigan , Kristen West and Kimberly O. Weingart of Pickett Dummigan LLP, Peter O. Hansen of Hanson & Malagon, and Robert K. Udziela.

W. Michael Gillette , Schwabe, Williamson & Wyatt, P.C., Portland, filed the brief for amicus curiae Associated Oregon Industries. With him on the brief was David Anderson.

KISTLER, J.

Plaintiff worked for a lumber mill, Sun Studs, LLC. One evening while he was walking from one area of the mill to another, a forklift hit and severely injured him. After receiving workers' compensation benefits, plaintiff brought this action against Swanson Group, Inc., which owns Sun Studs, as well as other defendants. Plaintiff alleged that Swanson was liable for negligently failing (or for negligently failing to require Sun Studs) to provide a safe...

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