(Download) "Woody v. Waibel" by Supreme Court of Pennsylvania ~ Book PDF Kindle ePub Free
eBook details
- Title: Woody v. Waibel
- Author : Supreme Court of Pennsylvania
- Release Date : January 16, 1976
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 54 KB
Description
This is an action for damages arising out of defendants logging operation. Plaintiff, who owned a log truck, was hired by defendant to haul logs from a loading area in the forest to a log dump in Oregon City. During the course of the operation plaintiff was injured when one of defendants employees caused a tree to fall on plaintiffs truck. Plaintiff filed a tort action in circuit court, whereupon defendant and Workmens Compensation Board of Oregon, as intervenor, contended that plaintiffs remedy was limited to Workmens Compensation. Pursuant to ORS 656.384(2), a hearing was held and the trial court determined that plaintiff was acting in the capacity of an independent contractor when the injury occurred. The trial court held that plaintiff was, therefore, entitled to maintain an action for damages. Defendant appealed and the Court of Appeals affirmed. Woody v. Waibel, 24 Or App 341, 545 P2d 889 (1976). We granted review in order to re-examine the employee-independent contractor distinction.