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WOODBURY v. CH2M HILL, INC.

(CC 9706-04494; CA A103037; SC S48592).

61 P.3d 918 (2003)

335 Or. 154

E. Max WOODBURY II, Petitioner on Review, v. CH2M HILL, INC., a Florida corporation, Respondent on Review.

Supreme Court of Oregon.

Decided January 24, 2003.

Attorney(s) appearing for the Case

James S. Coon, of Swanson, Thomas & Coon, Portland, argued the cause for petitioner on review. With him on the briefs was Kathryn H. Clarke, Portland.

M. Elizabeth Duncan, of Greene & Markley PC, Portland, argued the cause and filed the briefs for respondent on review.

Robert K. Udziela, Portland, filed briefs on behalf of amici curiae Oregon Trial Lawyers Association, Oregon AFL-CIO, and Oregon State Building Trades Council.

James E. Mountain, Jr., and Linda J. Kessel, Eugene, filed a brief on behalf of amici curiae Oregon-Columbia Chapter of the Associated General Contractors of America, Associated Oregon Industries, Inc., and American Council of Engineering Companies of Oregon.

Before CARSON, Chief Justice, and GILLETTE, DURHAM, LEESON, RIGGS, and DE MUNIZ, Justices.

DE MUNIZ, J.

In this civil action, plaintiff sought recovery for personal injuries suffered in a fall from a construction platform. Although plaintiff worked for a subcontractor, he filed the action against the general contractor, CH2M Hill, Inc. (defendant), alleging liability under the Employer Liability Law (ELL), ORS 654.305 to 654.336,1 and common-law negligence. At trial, the jury returned a verdict for plaintiff on both theories...

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