Bundy v. NuStar GP, LLC

Under the workers compensation act, the employer may be sued by an employee for injury that results from the employers deliberate intention to injure that employee.

Plaintiff brought a lawsuit against NuStar, LLC, the defendant, claiming that NuStar, LLC exposed him to fuel vapors during the course of his employment. On appeal, plaintiff challenged the trial court’s dismissal of his third amended complaint, and the denial of his motion for leave to file a fourth amended complaint. Plaintiff claims that the court should not have granted defendant's’ motion to dismiss because a claim for deliberate intention to injure under ORS 656.156(2) was raised. Also, plaintiff challenged the motion for leave because the pleading raised a negligence claim under ORS 656.019. Plaintiff further argued that his rights under the remedy clause of Article I, section 10, of the Oregon Constitution were violated. The court noted that under the workers compensation act, the employer may be sued by an employee for injury that results from deliberate intention to injure. However, the record did not show that NuStar wanted to produce injury. Further, plaintiff failed to show the facts necessary that warrants a legal error or abuse of discretion for his challenges. Affirmed.