Smothers v. Gresham Transfer, Inc.
Oregon Supreme Court
332 Or. 83, 23 P.3d 333 (2001)
Terry Smothers (plaintiff) worked as a technician for trucking company Gresham Transfer, Inc. (Gresham) (defendant). During Smothers’s employment, he was exposed to mist and fumes from the acidic solution used to clean the trucks. Smothers became ill and ultimately stopped working for Gresham. Smothers sought workers’-compensation benefits, but Gresham’s workers’-compensation insurer denied Smothers’s claim. The Workers’ Compensation Board upheld the denial of benefits after finding that the exposure to the acidic mist and fumes was not a major contributing cause of Smothers’s illness. Smothers then brought a negligence action against Gresham in Oregon state court. The trial court dismissed Smothers’s complaint, concluding that Oregon’s workers’-compensation statute provides the exclusive remedy for a work-related injury, even if the worker’s claim is determined to be noncompensable. The appeals court affirmed, and Smothers appealed to the Oregon Supreme Court, arguing that he had been denied a remedy for his injury in violation of the Oregon constitution’s remedy clause, which guarantees the existence of a remedy for injuries to person, property, or reputation.
Rule of Law
Holding and Reasoning (Leeson, J.)
What to do next…
Unlock this case brief with a free (no-commitment) trial membership of Quimbee.
You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 724,000 law students since 2011. Some law schools—such as Yale, Berkeley, and Northwestern—even subscribe directly to Quimbee for all their law students.Unlock this case briefRead our student testimonials
Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.
Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students.Learn about our approachRead more about Quimbee
Here's why 724,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 45,500 briefs, keyed to 983 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.