Wood Smith Henning & Berman partner Graham Miller and senior counsel Kenneth Hepworth successfully defended an appeal before the Court of Appeals of the State of Oregon in a wrongful death action arising from a traffic accident. The appellate court affirmed the trial court's dismissal, finding no basis for imposing liability on WSHB's clients.
The case stemmed from a fatal traffic accident involving an employee who was riding in a coworker's van on his way to a construction site. The decedent sustained serious injuries in the crash and passed away approximately one year later. The plaintiff, representing the decedent's estate, brought claims alleging negligence, vicarious liability, and violations of the Oregon Employer Liability Law (ELL), contending that the defendants were responsible for the driver's actions.
The Court of Appeals rejected these arguments, concluding that the evidence did not support any finding that the defendants employed the driver or that he was acting in the course and scope of his employment at the time of the crash. The accident occurred roughly thirty minutes before the scheduled start of work and more than two miles from the job site.
In upholding the dismissal, the Court emphasized that employees were responsible for their own transportation to the job site and that the employer had no control over, or responsibility for, their commute. The prime contract contained no provision for reimbursement of commuting costs, further confirming that travel to and from the site fell outside the scope of employment.
"This decision reaffirms longstanding Oregon principles limiting employer liability to circumstances where the employer has actual control or responsibility over the conduct at issue," said Hepworth. "The Court's opinion provides clarity for contractors and employers across the state about the limits of vicarious liability and the Employer Liability Law."
"We are proud to have achieved a result that upholds fairness in the application of the law," Miller remarked. "The decision confirms that employers are not automatically responsible for the independent actions of workers outside the course of employment, which is an important safeguard for the industry."
The decision represents a significant appellate victory for WSHB's clients and reinforces the importance of clearly delineated contractual and employment relationships in multi-party construction settings.
Wood Smith Henning & Berman: Your Trusted Partner
Experience the power of a proven industry leader in the law. Wood Smith Henning & Berman (WSHB) is renowned globally for our exceptional trial results and expertise in handling complex litigation. With our nationwide network of over 500 lawyers across 43 office locations, we are dedicated to providing comprehensive litigation and counsel to both public and private companies. From start-ups to Fortune 100 corporations, we deliver unrivaled legal representation that consistently achieves favorable outcomes for our clients.
At WSHB, our strength lies in our diverse and accomplished team of attorneys. We boast thought leaders and defense specialists in over 41 fields of practice, covering an extensive range of specialties. Founded in 1997, we are proud to be among the top ten law firms in the nation for diversity, female partners, female lawyers, and Hispanic lawyers. This rich tapestry of diversity forms the foundation of our success when presenting cases to juries of our peers, ensuring we understand the unique nuances underlying each claim.
Our expansive geographic footprint allows us to provide effective and efficient representation to clients nationwide, regardless of their location, background, or legal expertise. By prioritizing strategic and cost-effective approaches to litigation, our dedicated attorneys work tirelessly to protect the interests of our clients. We have a track record of success, securing numerous victories such as summary judgments and defense verdicts on behalf of our clients. As a trial firm, we have taken over 2,000 cases to verdict, making us well-equipped to handle even the most complex and high-stakes litigation matters across the country.