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MOE v. BECK

CC 87-0828; CA A49767; SC S36916.

815 P.2d 692 (1991)

311 Or. 499

Larry MOE, Respondent On Review, v. James F. BECK, an Individual, Jb Rock Products, Inc., an Oregon Corporation, and First Interstate Bank of Oregon, Defendants, the Benj. Franklin Leasing Company, Inc., an Oregon Corporation, Petitioner On Review.

Supreme Court of Oregon.

Decided July 25, 1991.

Attorney(s) appearing for the Case

William H. Stockton, Hillsboro, argued the cause and filed the petition for the petitioner on review.

Claud Ingram, Eugene, argued the cause for respondent on review.

Gregory A. Chaimov and John J. DeMott of Miller, Nash, Wiener, Hager & Carlsen, Portland, filed a brief for amicus curiae U.S. Bancorp Leasing and Financial.

Before PETERSON, C.J., and CARSON, GILLETTE, VAN HOOMISSEN, FADELEY and UNIS, JJ.

PETERSON, Chief Justice.

The defendant is a leasing company that leased a truck to one James Beck. The lease describes the defendant as the "owner" of the truck. A worker was injured while driving the truck and brought an action against the defendant, claiming that the defendant had the responsibilities of an "owner" under ORS 654.022 (which is a part of the Oregon Safe Employment Act (OSEA)). On summary judgment, the trial court ruled against the plaintiff. The Court...

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