Demilly v. Butler Amusements, Inc.

Plaintiff filed this personal injury action against defendant, Butler Amusements (Butler), for negligence, negligence per se, and violation of the Employer Liability Law, ORS 654.305 to ORS 654.335. The trial court granted Butler’s motion to bifurcate the trial and first held a bench trial on its affirmative defenses. The trial court agreed with Butler’s affirmative defense that plaintiff was a “worker” under the Workers’ Compensation Act and that the Act was plaintiffs exclusive remedy. Accordingly, it dismissed plaintiffs complaint and entered judgment for Butler. Plaintiff appeals from…