Hardt v. Columbia Plywood
Hardt v. Columbia Plywood
Opinion of the Court
Plaintiff, a log truck driver, was injured while delivering logs to defendant’s mill. His complaint alleged negligence and a violation of the Employer Liability Law (ELL).
Defendant operates a plywood mill adjacent to a river. It uses a boom to lift logs from delivery trucks and place them in the river for storage. Delivery trucks park on a “deck” between the base of the boom and the river for unloading. A wooden shack, called the “log boom building,” is located next to the boom on the side away from the river. The shack encases a metal cage. Inside the shack are two winches. One operates a cable that passes through a pulley at the top of the boom and attaches to a harness for lifting logs from the trucks. The other winch operates á cable that passes through a series of pulleys and a metal clevis located at the top of the boom. It tilts the boom forward, moving the logs laterally from above the truck to the river.
Plaintiff arrived at defendant’s mill with a truckload of logs. When he arrived, there was another truck on the deck in front of him. He got out of his truck and helped the other driver and the boom operator prepare the load for removal.
Defendant claims that plaintiff was negligent in standing outside the log boom building while the boom was in operation. Contributory negligence does not bar recovery in an action under the ELL, but is a factor that the jury considers in determining damages.
Plaintiff testified that he had been around logging equipment all his life and that he had been to defendant’s mill 15 to 20 times before the accident. On the approach to the deck is a sign that reads:
“HARDHAT REQUIRED OVERHEAD TRANSPORT OF LOGS.”
Plaintiff testified that drivers customarily help each other prepare their loads for attachment to the boom whenever there is a line of trucks waiting to unload. The record does not
Defendant also assigns error to the court’s refusal to give its requested instructions.
The jury’s verdict established defendant’s liability and the amount of plaintiffs damages. Our decision does not disturb those findings. The issues on remand are: (1) Was plaintiff negligent and (2), if he was, how much should plaintiffs damages be reduced?
Judgment as to liability and damages affirmed; reversed and remanded on contributory negligence issue.
ORS 654.305 provides, in part:
“[P]ersons having charge of, or responsible for, any work involving a risk or danger to the employees or the public, shall use every device, care and precaution which it is practicable to use for the protection and safety of life and limb, limited only by the necessity for preserving the efficiency of the structure, machine or other apparatus or device, and without regard to the additional cost of suitable material or safety appliance and devices.”
Before submitting the case to the jury, the trial court ruled:
“[W]e need to put on the record * * * some rulings made in chambers * * * what amounted to a directed verdict * * *.
“[The] motion for a directed verdict on the contributory negligence defense * * * was argued and the court allowed it.”
ORS 654.335 provides:
“The contributory negligence of the person injured shall not be a defense, but may be taken into account by the jury in fixing the amount of the damage.”
Defendant requested UCJI No. 11.50, which provides, in part:
“The law provides for comparative negligence. This means that you are to determine each party’s negligence, if any.”
Defendant also requested UCJI No. 11.51, which provides, in part:
“If the plaintiff’s [negligence] was greater than the defendant’s [negligence], then the plaintiff is not entitled to a verdict in [his] favor. However, if the plaintiffs [negligence] was equal to or less than the defendant’s [negligence], then the plaintiff is entitled to a verdict in the plaintiff’s favor.
“In other words, if the plaintiff’s [negligence] was more than 50%, then the plaintiff is not entitled to a verdict in the plaintiffs favor. On the other hand, if the plaintiffs [negligence] is 50% or less, then the plaintiff is entitled to a verdict in [his] favor.”
Case-law data current through December 31, 2025. Source: CourtListener bulk data.