Shahtout v. Emco Garbage Co.

Plaintiff was injured when defendant’s truck backed up and struck her, and she sued for damages. A jury found that defendant was not negligent. On appeal, plaintiff claimed that the trial court made erroneous rulings concerning the truck’s lack of an alarm device to signal when the truck was to be backed. The Court of Appeals affirmed without opinion. We allowed review to consider the proper treatment of a safety regulation relating to such signals.

The regulation is OAR 437-56-095(2), a rule promulgated by the Workers’ Compensation Department under the Oregon Safe Employment Act, ORS 654.001…