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YEATTS v. POLYGON NORTHWEST CO.

CC CV08020124 CA A150199 SC S062977.

379 P.3d 445 (2016)

360 Or. 170

Arthur YEATTS; and Nancy Doty, Inc., Special Fiduciary for Arthur Yeatts, Petitioners on Review, and Matthew WHITMAN, Plaintiff, v. POLYGON NORTHWEST COMPANY, a foreign corporation, Respondent on Review.

Supreme Court of Oregon.

August 4, 2016.

Attorney(s) appearing for the Case

J. Randolph Pickett, Pickett Dummigan LLP, Portland, argued the cause for petitioners on review. Jeffrey A. Bowersox, Bowersox Law Firm PC, Portland, filed the brief for petitioners on review. With him on the brief were J. Randolph Pickett, R. Brendan Dummigan, Kimberly O. Weingart, Ron K. Cheng, Pickett Dummigan LLP, Portland, and Scott M. Supperstein, Law Office of Scott Supperstein, P.C., Portland.

Bruce H. Cahn, Ball Janik LLP, Portland, argued the cause and filed the brief for respondent on review. With him on the brief was Amy Heverly.

W. Eugene Hallman, Pendleton, filed a brief on behalf of amicus curiae Oregon Trial Lawyers Association.

Before Balmer, Chief Justice, Kistler, Walters, Landau, Baldwin, and Brewer, Justices.

Plaintiff, the direct employee of a subcontractor working on a construction jobsite, fell while framing the third floor of a townhome that was under construction. In this action, plaintiff brought claims for relief against the general contractor under Oregon's Employer Liability Law (ELL), ORS 654.305 to 654.336, and for common-law negligence...

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