Toohey v. Aviation Adventures, LLC

The purpose of ORS 656.027 is to identify "subject workers" whose work-related injuries are covered by Oregon's Workers' Compensation Law, not to identify coworkers who can be sued despite the exclusive-remedy provisions in ORS 656.018. "Subject worker" is direct at types of workers who are eligible for benefits under a parallel federal statutory compensation scheme for work-related injuries.

The Estate and heirs of Toohey brought this action against the Estate of Ketcheson asserting tort claims for wrongful death. Ketcheson was employed by Wyndham as a sales representative in Wyndham's Seaside office. As part of his duties he was required to go to other Wyndham offices in Oregon to conduct training. Sometimes they traveled to the other offices by flying. On this occasion they would travel to the office on a private airplane piloted by Ketcheson. The plane left in the early morning and shortly after takeoff crashed, killing both Ketcheson and Toohey. After a bench trial determined that Ketcheson was acting within his employment for Wyndham at the time of the crash and therefore the Ketcheson Estate was not liable to the Toohey Estate. The Estate of Toohey appealed that decision and asserted four assignments of error. The Court rejected all four of plaintiff's assignments of error and affirmed the decision of the lower court. Affirmed.