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DEHIYA v. SPENCER

05CV0053; A134658.

191 P.3d 730 (2008)

221 Or. App. 539

Stanley Duane DEHIYA, Plaintiff-Appellant, v. Todd Louis SPENCER, Defendant-Respondent.

Court of Appeals of Oregon.

Decided August 13, 2008.

Attorney(s) appearing for the Case

Steven D. Bryant, Redmond, argued the cause for appellant. With him on the brief was Bryant, Emerson & Fitch, LLP.

Janet M. Schroer, Portland, argued the cause for respondent. With her on the brief was Marjorie A. Speirs.

Before EDMONDS, Presiding Judge, and SERCOMBE, Judge, and MILLER, Judge pro tempore.

EDMONDS, P.J.

Plaintiff appeals from the trial court's grant of defendant's motion for summary judgment. Plaintiff, a passenger in a truck driven by defendant, seeks to recover damages for personal injuries suffered as a result of an automobile accident caused by defendant. At trial, defendant moved for summary judgment on the ground that plaintiff's exclusive remedy was to make a claim under the Workers' Compensation Law, ORS chapter 656, rather than to file an action...

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