Shoemaker v. Johnson

The plaintiff obtained a verdict for damages for personal injuries against the defendants Johnson and Wallace. These defendants contend that they and the plaintiff’s employer are employers subject to the Workmen’s Compensation Act and, therefore, are immunized against plaintiff’s claim. Defendants appeal from the trial court’s findings and conclusions that such defendants are not immune. The trial court dismissed the action against the defendant Peter Kiewit Sons’ Co.

Kiewit had a contract with the -state to construct a portion of Interstate Highway No. 5 in southern Oregon. Plaintiff was a…