Opinion

Bakker v. Baza'r, Inc.

  • 275 Or. 245
  • 551 P.2d 1269
  • 1976 Ore. LEXIS 789
Court
Oregon Supreme Court
Filed
Jun 17, 1976
Status
Published
Author
Holman
On the bench
Tongue, Holman, Howell
Cited by
51 cases

stating that “[t]his court has consistently adhered to a strict construction of this statutory exception” and applying the above quotation from Jenkins

How later courts described this case

  • stating that “[t]his court has consistently adhered to a strict construction of this statutory exception” and applying the above quotation from Jenkins
  • “‘[T]he employer must have determined to injure an employee and used some means appropriate to that end; that there must be a specific intent, and not merely carelessness or negligence, however gross.’” (Quoting Jenkins v. Carman Mfg. Co., 79 Or 448, 155 P 703 (1916).)
  • to constitute liability for battery it “is not necessary that the conduct do actual physical harm — it is sufficient if the contact is offensive or insulting”
  • security guard committed battery on employee; no intent to injure on employer’s part even though employer subsequently ratified employee’s tortious conduct

Written by the judges who cited it.

The opinion

HOLMAN, J.,

dissenting.

I concur in that part of the dissent by Tongue, J., which holds that we should not approve procedure which allows a defendant to assert after judgment a defense based upon facts of which defendant necessarily had knowledge at all times and which efficient judicial administration required be tried preliminarily to a full-scale trial.

The excuse which is used for permitting the defendant to assert at that late date the defense of the exclusive remedy under the compensation act is defendant’s not learning that plaintiff had applied for compensation prior to the commencement of the present trial. It does not take much imagination for any competent lawyer to realize immediately that such a defense is in the picture in any situation in which an employee, while at work on the premises of his employer, is injured by another employee while executing his *277 duties in the course of his employment. The feeble excuse that this defense occurred to the lawyer only upon his learning that the plaintiff had previously applied for compensation is too thin to be credible.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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