Childress v. Short

Plaintiff appeals a summary judgment for defendants Dean Wilson (“Wilson”), a contract logger and road builder, and Short, one of his employes. Plaintiff was injured when he was struck by a log loader that Short operated in Wilson’s employ. Plaintiff sued defendants for negligence. See ORS 656.154.1 Defendants assert that they are immune from suit under ORS 656.018.2 We reverse.

Plaintiff was a log truck driver employed by Richard Wilson Logging, a log hauler, which paid him at an hourly rate. Wilson subcontracted with Richard Wilson Logging for it to haul logs from a site at which defendants…