Dlouhy v. Simpson Timber Co.

Plaintiff in a “third-party” personal-injury action under ORS 656.595 appeals from an order dismissing the action against Simpson Timber Co., one of several defendants. As the action is still pending in the circuit court against various other named defendants, Simpson has moved to dismiss the appeal as premature.

Ordinarily an interlocutory order is not appealable. Eena Co. v. Zosel, 164 Or 99, 95 P2d 428, 99 P2d 1022 (1940). The reason for this rule is not that the word “interlocutory” carries any special force. But an interlocutory order ordinarily is not, in the language of the relevant…