Green v. Market Supply Co.

This is a third party action by an injured workman to recover damages for his personal injuries from a defendant whose negligence allegedly caused those injuries. Both plaintiff and his employer and defendant and its employees were subject to the Workmen’s Compensation Law.

Defendant first answered with a general denial and then filed a supplemental answer as authorized by ORS 656.595 alleging that plaintiff’s sole remedy was to recover the benefits provided by the Workmen’s Compensation Law. The trial court held that plaintiff’s action was not barred and the case proceeded to trial before a…