Thomas v. Foglio

Plaintiff brought this action to recover damages resulting from the alleged violation of the Employers’ Liability Law, ORS 654.305. The jury returned a verdict in favor of plaintiff, but a judgment notwithstanding the verdict was entered. Plaintiff appeals.

Plaintiff, an employee of the Elk Creek Logging Company, was injured while loading logs on defendant’s log truck. Elk Creek Logging Company was covered under the Workmen’s Compensation Act; defendant was not. Plaintiff recovered compensation from the State Industrial Accident Commission and then brought this third party action as provided…