Smothers v. Gresham Transfer, Inc.

Plaintiff alleges that, while acting in the course of his employment, he sustained personal injuries due to defendant employer’s negligence. Defendant moved to dismiss for failure to state ultimate facts sufficient to constitute a claim, ORCP 21 A(8), and the trial court granted his motion. Plaintiff appeals and assigns error on the grounds that the court’s application of ORS 656.018, the exclusive remedy provision of the Workers’ Compensation Law, to his claim, violates the remedy clause of Article I, section 10, and the contract clause of Article I, section 21, of the Oregon Constitution.…