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.