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MILLSPAUGH v. PORT OF PORTLAND

No. A8106-03273; CA A26400.

671 P.2d 743 (1983)

65 Or.App. 389

Neal R. MILLSPAUGH, Appellant, v. PORT OF PORTLAND, a Municipal Corporation, Respondent.

Court of Appeals of Oregon.

Decided November 9, 1983.

Attorney(s) appearing for the Case

Robert P. Johnson, Portland, argued the cause for appellant. With him on the briefs was Johnson & Shinkawa, Portland.

Douglas A. Stamm, Portland, argued the cause for respondent. With him on the brief was Wood, Tatum, Mosser, Brooke & Holden, Portland.

Before GILLETTE, P.J., and WARDEN and YOUNG, JJ.

WARDEN, Judge.

Plaintiff appeals a summary judgment for defendant on a personal injury claim. The court found that plaintiff's injury occurred on defendant's dock and not on navigable waters of the United States. It ruled that "[t]he claim is not within federal maritime tort jurisdiction * * * but rather is controlled by the law of the State of Oregon" and that, because plaintiff received workers' compensation, defendant is immune from tort liability under ORS 30...

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