Oregon Supreme Court, 1964

Caline v. Maede

Caline v. Maede
Oregon Supreme Court · Decided November 12, 1964 · McAllister, Perry, Sloan, O'Connell, Goodwin, Denecke, Lusk
396 P.2d 694; 239 Or. 239; 1964 Ore. LEXIS 491 (Pacific Reporter, Second Series)
Caline v. Maede

Cases that cite this one

12 later published cases cite this decision.

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion

DENECKE, J.

Plaintiff brought this action for damages for personal injuries against his employer. The only question is whether the employer’s continued failure to rectify conditions which twice previously injured plaintiff constitutes “the deliberate intention # # # to produce such injury.” ORS 656.156(2). If it does, plaintiff can maintain this action; if not, plaintiff’s only remedy is Workmen’s Compensation benefits.

Upon the authority of Jenkins v. Carman Mfg. Co., 79 Or 448, 155 P 703 (1916), and Heikkila v. Ewen Transfer Co., 135 Or 631, 297 P 373 (1931), the trial court’s ruling that this does not constitute “deliberate intention” is affirmed.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.