Clark v. U.S. Plywood

605 P.2d 265, 288 Or. 255 (1980)

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Clark v. U.S. Plywood

Oregon Supreme Court
605 P.2d 265, 288 Or. 255 (1980)

Facts

George Clark was an employee of U.S. Plywood (Plywood) (defendant). Plywood gave employees a 20-minute paid lunch break each day that employees took in a lunchroom on the premises. Plywood employees did not have anywhere to heat up their lunches, so approximately once or twice a week, Plywood employees would ask a hot-glue-press operator to heat their lunches for them on the press. One night, Clark asked the hot-glue-press operator to heat his lunch. The operator was busy at the time, so he told Clark to do it himself. To reach the press, Clark had to disconnect a safety chain that kept employees away from the press. From the chain hung a sign that said, “DANGER, KEEP AWAY.” Clark successfully placed his lunch on the press, but when he returned to the chained-off area to retrieve his lunch, Clark was killed. Clark’s widow, Mrs. Clark, filed a claim for workers’ compensation. The court of appeals denied recovery, and the Oregon Supreme Court granted review.

Rule of Law

Issue

Holding and Reasoning (Peterson, J.)

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