Lacy v. State Accident Insurance Fund, Inc.

Plaintiff was seriously injured at work in 1978 while cleaning a rock crushing machine. SAIF, employer’s carrier, paid his medical costs. In 1989, he commenced this action against SAIF for negligence, breach of fiduciary duty and breach of an insurance contract between it and his employer. The gravamen of the claims was that SAIF failed to advise him to retain counsel to pursue, or itself to pursue, a third-party product liability action against the machine manufacturer. The court granted SAIF’s motion to dismiss.1 ORCP 21A. We review for errors of law and affirm.

In Eschliman v. GAB Business…