Torres v. United States National Bank

*209NEWMAN, J.

Plaintiff appeals from a judgment entered after the court granted defendant’s motion to dismiss his complaint. Plaintiff sued for personal injuries suffered when he was shot by a robber while making a deposit in the night depository at defendant’s bank. We hold that plaintiffs complaint states a negligence claim but fails to state a claim under the Employer’s Liability Act (ELA), ORS 654.305.

Plaintiff alleged that defendant installed a night depository at its branch at 72nd and N.E. Fremont in Portland, and encouraged its customers, including plaintiffs employer, to make deposits in…