Yeatts v. Polygon Northwest Co.Annotate this Case
Plaintiff was an employee of a subcontractor working on a construction jobsite. Plaintiff 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), and for common-law negligence, in which he sought damages for injuries that he suffered in the fall. The trial court granted summary judgment in favor of the general contractor, Polygon Northwest Company (Polygon), on both of plaintiff’s claims, after concluding that there were no genuine issues of material fact and that Polygon was entitled to prevail as a matter of law. Plaintiff appealed. After review, the Supreme Court concluded that plaintiff presented sufficient evidence to withstand a motion for summary judgment on the specification of his ELL claim that Polygon retained a right to control the method or manner in which the risk-producing activity was performed. Accordingly, the Court reversed the Court of Appeals decision affirming the dismissal of the retained right of control specification of plaintiff’s ELL claim, and remanded that claim to the trial court for further proceedings. The Court affirmed the lower courts with respect to plaintiff’s negligence claim and the remaining specifications of his ELL claim.