Varland v. Smith

Plaintiffs appeal from a judgment dismissing their wrongful death action, based on negligence and liability under the Employers’ Liability Act. ORS 654.305 et seq. (ELA). The trial court granted defendant’s motion for summary judgment on the ground that defendant is exempt from liability under ORS 656.018 and that plaintiffs exclusive remedy is under the Workers’ Compensation Act. We agree and affirm.

The decedent was an employee of Coos Head Lumber and Plywood (Coos Head), which provided his workers’ compensation coverage. Defendant Smith is part owner, president and an employee of Coos Head.…