Hamilton v. Ibach

(Pro Tempore)

This is an action for damages for personal injuries allegedly caused on August 3, 1972, by negligence of the defendant’s employee. Defendant appeals from judgment for plaintiff upon a jury verdict.

Prior to the jury trial on the merits there was a trial before the court upon defendant’s supplemental answer filed pursuant to ORS 656.595 raising the "joint premises” defense available under then ORS 656.154:

"(1) If the injury to a workman is due to the negligence or wrong of a third person not in the same employ, the injured workman, or if death results from the injury, his widow,…