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Cortez v. Nacco Material Handling Group, Inc.

337 P.3d 111 (2014)

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Cortez v. Nacco Material Handling Group, Inc.

Oregon Supreme Court

337 P.3d 111 (2014)

Facts

Antonio Cortez (plaintiff) was injured on the job while working for Sun Studs, LLC. Cortez brought suit against Swanson Group, Inc. (Swanson) (defendant), the parent company and sole member of Sun Studs. Cortez alleged negligence and a violation of the state’s Employers Liability Law (ELL). Swanson managed Sun Studs and provided Sun Studs with a safety manual that it could tailor to its own needs. Swanson provided general oversight of Sun Studs but delegated the day-to-day safety management, including implementation of specific safety measures, to Sun Studs employees. In effect, Swanson told Sun Studs that it needed to implement safety measures, but then it was up to Sun Studs as to which safety measures to implement. The trial court granted Swanson’s motion for summary judgment on both claims. The court of appeals affirmed the judgment with respect to Cortez’s ELL claim and reversed on the negligence claim.

Rule of Law

Issue

Holding and Reasoning (Kistler, J.)

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