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BOOTHBY v. D.R. JOHNSON LUMBER CO.

(CC 9812-09070; CA A110786; SC S50142).

137 P.3d 699 (2006)

341 Or. 35

Marilu E. BOOTHBY, individually and as Personal Representative of the Estate of Winston Boothby, deceased, for the benefit of Marilu E. Boothby, surviving spouse; Marilu E. Boothby, guardian ad litem for Brett M. Boothby, a minor, Cheryl M. Davis, a minor, Shayne N. Davis, a minor, and Rodney R. Davis, Jr., a minor, children of decedent; Michael T. Boothby and Gloria Negron, surviving parents of decedent, Petitioner on Review, v. D.R. JOHNSON LUMBER CO., an Oregon corporation, Respondent on Review, and Rhine Equipment Company and Barko Hydraulics, L.L.C., fka Barko Hydraulics, Inc., fka Barko Hydraulics, Defendants.

Supreme Court of Oregon.

Decided June 15, 2006.

Attorney(s) appearing for the Case

Meagan A. Flynn, Preston Bunnell & Stone, LLP, Portland, argued the cause and filed the brief for petitioner on review.

Peter R. Chamberlain, Bodyfelt Mount Stroup & Chamberlain, Portland, argued the cause and filed the brief for respondent on review. With him on the brief was Andrew D. Glascock.

KISTLER, J.

Plaintiff brought this action against D.R. Johnson Lumber Co. (Johnson Lumber) after plaintiff's husband died in a logging accident. Plaintiff claimed that Johnson Lumber was liable for her husband's death both under Oregon's Employer Liability Law (ELL), ORS 654.305 to 654.336, and common-law negligence. A jury returned a verdict for plaintiff on both claims, but the Court of Appeals reversed, holding that no...

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