The Oregon Supreme Court recently decided a case with serious implications to the liability of LLCs and their members. Taking note of the case, Cortez v. Nacco Material Handling Group will enable aggrieved homeowners and their attorneys to practice more effective construction defect litigation.
The plaintiff, Antonio Cortez, worked for a lumber mill organized as an LLC. He was badly injured when a forklift struck him during a stroll across company premises. Cortez received worker’s compensation benefits and then opted to go up the chain, suing the LLC’s owner and sole member manager, a company called Swanson Group, Inc.
Cortez’s principal allegations were twofold, only one of which is addressed here. He argued that Swanson was liable in negligence and under Oregon’s Employer Liability Law for failing to take safety precautions to protect employees. The trial court offered a cold reception, entering summary judgment in favor of Swanson. The court of appeals reversed and affirmed the trial court, each in part.
Not to be deterred, Cortez appealed again, and the Oregon Supreme Court stepped in to finally resolve the question. Continue Reading