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YEATTS v. POLYGON NORTHWEST CO.

CC CV08020124 CA A150199 SC S062977.

379 P.3d 445 (2016)

360 Or. 170

Arthur YEATTS; and Nancy Doty, Inc., Special Fiduciary for Arthur Yeatts, Petitioners on Review, and Matthew WHITMAN, Plaintiff, v. POLYGON NORTHWEST COMPANY, a foreign corporation, Respondent on Review.

Supreme Court of Oregon.

August 4, 2016.

Attorney(s) appearing for the Case

J. Randolph Pickett , Pickett Dummigan LLP, Portland, argued the cause for petitioners on review. Jeffrey A. Bowersox , Bowersox Law Firm PC, Portland, filed the brief for petitioners on review. With him on the brief were J. Randolph Pickett , R. Brendan Dummigan , Kimberly O. Weingart , Ron K. Cheng , Pickett Dummigan LLP, Portland, and Scott M. Supperstein , Law Office of Scott Supperstein, P.C., Portland.

Bruce H. Cahn , Ball Janik LLP, Portland, argued the cause and filed the brief for respondent on review. With him on the brief was Amy Heverly.

W. Eugene Hallman , Pendleton, filed a brief on behalf of amicus curiae Oregon Trial Lawyers Association.

Before Balmer, Chief Justice, Kistler, Walters, Landau, Baldwin, and Brewer, Justices.

Plaintiff, the direct employee of a subcontractor working on a construction jobsite, fell while framing the third floor of a townhome that was under construction. In this action, plaintiff brought claims for relief against the general contractor under Oregon's Employer Liability Law (ELL), ORS 654.305 to 654.336, and for common-law negligence...

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