Elmore v. Aloha Sanitary Service

This is an action for personal injuries sustained by an employee of a contractor who was engaged in the construction of sewer trenches for the defendant sewer district, pursuant to a contract. The trial court held that defendant was protected by government immunity. We need not decide if the complaint otherwise states a cause of action and that there would be a duty and responsibility from the sanitary district to this employee if governmental immunity did not attach because we affirm the trial court’s decision.

Because of the enactment of ORS 30.310 et seq. it would not be advisable to…