Eschliman v. Gab Business Service, Inc.

Plaintiff appeals a judgment dismissing his complaint for failure to state ultimate facts sufficient to constitute a claim. ORCP 21A(8). We affirm.

Plaintiff sustained an injury, compensable under the Workers’ Compensation Act on September 21, 1982. Defendant is the agency paying benefits to plaintiff for his employer. After the Statute of Limitations had run, barring plaintiffs right to maintain an action against a third party for his injuries, plaintiff brought this action in counts alleging breach of a fiduciary duty and negligence for defendant’s failure to inform him of the existence of…