Krushwitz v. McDonald's Restaurants of Oregon, Inc.

Plaintiff, the personal representative of the estate of decedent Theurer, brought this wrongful death action against Theurer’s employer, defendant McDonald’s Restaurants.1 The thrust of plaintiffs allegations is that defendant was negligent in allowing the young decedent to work long hours and then drive. As a result, he drove his vehicle on the way home from work without adequate rest, fell asleep at the wheel and was killed in an accident. Defendant moved to dismiss the action on the ground that it is immune from the tort claim and that plaintiffs exclusive remedy is under the Workers’…