METCALF v. CASE


565 P.2d 736 (1977)

278 Or. 629

Leilia METCALF, Appellant, v. Floyd B. CASE, Marian G. Case, and Mill Conversion Contractors, Inc., a California Corporation, Defendants, Lyle H. Cobb, Dba Cobb Crushed Rock, Respondent. Lloyd Metcalf, Appellant, v. Floyd B. Case, Marian G. Case, and Mill Conversion Contractors, Inc., a California Corporation, Defendants, Lyle H. Cobb, Dba Cobb Crushed Rock, Respondent.

Supreme Court of Oregon, Department 1.

Decided June 21, 1977.


Attorney(s) appearing for the Case

Jeffrey M. Batchelor, Portland, argued the cause for appellants. With him on the briefs was Gearin, Cheney, Landis, Aebi & Kelley, Portland.

Carrell F. Bradley, Hillsboro, argued the cause for respondent. With him on the brief was Schwenn, Bradley & Batchelor, Hillsboro.

Before HOLMAN, P.J., and HOWELL, LENT and TOMPKINS, JJ.


HOLMAN, Justice.

Upon appeal these cases resolve themselves into a third party claim for damages for personal injuries against only the defendant Cobb. Plaintiff was covered by wo rkmen's compensation through her employer, Mill Conversion Contractors, Inc. (Mill). She claims she was injured while at work by the negligence of the employees of Cobb, who was also a complying employer under the Workmen's Compensation Law.

Cobb interposed two defenses by supplemental...

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