Cody v. Disco, Inc.

This is an action for negligence brought by a California worker against an Oregon employer. The trial court dismissed plaintiff’s complaint on the ground that plaintiff’s action was barred by Oregon’s Workers’ Compensation Law. Plaintiff appeals.

The facts are not in dispute. In 1974, plaintiff, a truck driver, was hauling sugar out of San Jose, California, for Refrigerated Transport Co., Inc. (RTC), a Georgia corporation doing business in California. The sugar was packaged in twenty-five pound bags which were stacked on pallets. Each loaded pallet weighed approximately 2750 pounds. Plaintiff…