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KRUSHWITZ v. McDONALD'S RESTAURANTS

CC 9104-02047; CA A73926; SC S41757.

919 P.2d 465 (1996)

323 Or. 520

Helen Jean KRUSHWITZ, Personal Representative of the Estate of Matthew Allen Theurer, Petitioner on Review, v. McDONALD'S RESTAURANTS OF OREGON, INC., an Oregon corporation, Respondent on Review, and McDonald's Corporation, a Delaware corporation, Defendant.

Supreme Court of Oregon, In Banc.

Decided July 11, 1996.

Attorney(s) appearing for the Case

Kathryn H. Clarke, Portland, argued the cause and filed the petition for petitioner on review. With her on the briefs were Maureen Leonard and Lawrence Wobbrock, Portland.

I. Franklin Hunsaker, III, of Bullivant, Houser, Bailey, Pendergrass & Hoffman, Portland, argued the cause for respondent on review. With him on the brief were Douglas G. Houser, Ronald G. Stephenson, and Ronald J. Clark.

David F. Sugerman, of Paul & Sugerman, PC; John Paul Graff, of Graff & O'Neil; and Kevin N. Keaney, Portland, filed briefs on behalf of amicus curiae Oregon Trial Lawyers Association.

Chess Trethewy, of Garrett, Hemann, Robertson, Paulus, Jennings & Comstock, P.C., Salem, and Jerald P. Keene, of Roberts, Reinisch, MacKenzie, Healey & Wilson, P.C., Portland, filed a brief on behalf of amicus curiae Associated Oregon Industries.

Jonathan M. Hoffman and Julie K. Bolt, Portland, filed a brief on behalf of amicus curiae Oregon Association of Defense Counsel.

Before CARSON, C.J., and GILLETTE, VAN HOOMISSEN, FADELEY, GRABER, and DURHAM, JJ.

CARSON, Chief Justice.

In this action for wrongful death, we decide two issues: (1) whether an employee who was killed in an automobile accident while driving home from work suffered a "compensable injury" as that term is defined by the Workers' Compensation Law; and (2) whether the exclusivity provisions contained in the Workers' Compensation Law preclude plaintiff's wrongful death action. We answer both questions in the negative.

Because the circuit court...

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