Ellis v. Fallert

BRAND, Justice. The plaintiff, Marianne Ellis, brings this action for damages against the defendants, alleging that they negligently injured her husband. She claims the right to recover because of the loss of consortium. The Attorney General of the State of Oregon, on the request of the State Industrial Accident Commission, filed an answer setting up the fact that the plaintiffs husband was an employee of the defendants, that defendants were engaged in a hazardous occupation, and that the defendants and the plaintiffs husband were all subject to the provisions of the Workmens Compensation Law ORS 656.002 et seq. at the time of the injury. Motions were made to strike the answer and in the alternative to strike portions thereof. The motions were denied. Plaintiff filed a reply. The parties filed a stipulation of fact and the trial court entered judgment for the defendants. Plaintiff appeals.