Hickey v. Union Pacific Railroad Co.

Plaintiff, as personal representative of the estate of her husband (decedent), seeks damages for his death against City of Hermiston (city), Umatilla County (county), the Public Utility Commissioner (PUC), Union Pacific Railroad (railroad) and James Delp. The trial court dismissed with prejudice the claims against city, county and PUC on the ground that those defendants are immune from liability under ORS 30.265(3)(a), because the death was compensable under the Workers’ Compensation Law. Plaintiffs claims against railroad were tried to a jury, which returned a verdict for railroad. Plaintiff…