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PANPAT v. OWENS-BROCKWAY GLASS CONTAINER

(CC 9708-06234; CA A104501; SC S48419).

49 P.3d 773 (2002)

334 Or. 342

Sommuang PANPAT, as Personal Representative for the Estate of Achara Tanatchangsang, Petitioner on Review, v. OWENS-BROCKWAY GLASS CONTAINER, INC., a Delaware corporation, Respondent on Review, and Stanley-Smith Security, a Texas corporation, dba Wallace Security, Wallace Prince, individually and in his capacity as Security Supervisor, and A.J. Campbell, individually and in his capacity as a Security Officer, Defendants. Owens-Brockway Glass Container, Inc., a Delaware corporation, Third-Party Plaintiff, v. Estate of Chris A. Blake, Third-Party Defendant.

Supreme Court of Oregon, En Banc.

Decided July 11, 2002.

Attorney(s) appearing for the Case

Kathryn Hall Clarke, Portland, argued the cause for petitioner on review. Jana Toran, Portland, and James Patrick McHugh, Jr., filed the briefs for petitioner on review.

Lee Ann Huntington, of Morgenstein & Jubelirer LLP, San Francisco, argued the cause for respondent on review. With her on the briefs were Stephen M. Hankins, San Francisco, and Charles F. Adams and Andrew R. Gardner, of Stoel Rives LLP, Portland.

De MUNIZ, J.

The issue in this case is whether the exclusivity provision of the Oregon Workers' Compensation Law bars plaintiff's civil action against the decedent's employer. Chris Blake killed his former girlfriend, Achara Tanatchangsang (decedent), at their place of employment, Owens-Brockway Glass, Inc. (Owens). Plaintiff Panpat, as the personal representative of decedent's estate, brought a wrongful death action against defendant Owens. Owens moved for summary...

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