Woody v. Waibel

This is an action for damages arising out of defendant’s logging operation. Plaintiff, who owned a log truck, was hired by defendant to haul logs from a loading area in the forest to a log dump in Oregon City. During the course of the operation plaintiff was injured when one of defendant’s employees caused a tree to fall on plaintiff’s truck. Plaintiff filed a tort action in circuit court, whereupon defendant and Workmen’s Compensation Board of Oregon, as intervenor, contended that plaintiffs’ remedy was limited to Workmen’s Compensation. Pursuant to ORS 656.384(2), a hearing was held and the…