Rowden v. Hogan Woods, LLC

Finding causation under the “major contributing cause standard”—a stricter standard than under common law—does not permit preclusive effect regarding the issue of causation in the course of a negligence action. Smothers v. Gresham Transfer, Inc., 332 Or 83, 134, 23 P3d 333 (2001), overruled on other grounds by Horton v. OSHU, 359 Or 168, 376 P3d 998 (2016).

Darin and Natalie Rowden individually received Workers’ Compensation Board judgments which rejected claims that their employer, Hogan Woods, LLC, exposed them to occupational disease. Darin and Natalie brought a civil action against Hogan Woods, LLC regarding the same mold issues in their workers’ compensation claim but summary judgment was granted to Hogan Woods, LLC because of the preclusive effect of the board’s order. Darin and Natalie appealed the trial court’s judgment and argued that the trial court erred because Hogan Woods, LLC did not prove that exposure to mycotoxins was an essential component to the board’s order. Finding causation under the “major contributing cause standard”—a stricter standard than under common law—does not permit preclusive effect regarding the issue of causation in the course of a negligence action. Smothers v. Gresham Transfer, Inc., 332 Or 83, 134, 23 P3d 333 (2001), overruled on other grounds by Horton v. OSHU, 359 Or 168, 376 P3d 998 (2016). The Court held that Darin and Natalie’s common law claim was not precluded by the Workers’ Compensation Board order because the “no exposure” finding could not be determined apart from the “major contributing cause standard” and there was no finding that “no exposure” was essential. Reversed and remanded.