260 Or. 560 491 P.2d 626

Argued October 12,

affirmed December 15, 1971

ALL WEST BREEDERS, Respondent, v. DeSHAZER, Appellant.

491 P2d 626

Thomas A. Cavanaugh, Portland, argued the cause for appellant. On the briefs were Sehouboe & Cavanaugh and Larry Dawson, Portland.

Kenneth D. Renner, Portland, argued the cause for respondent. With him on the brief were Souther, Spaulding, Kinsey, Williamson & Sehwabe, and Wayne A. Williamson, Portland.

Before O’Connell, Chief Justice, and McAllister, Denecke, Holman and Howell, Justices.

*561O’CONNELL, C.J.

This is an action by an employer seeking indemnification from its employee for the amount it paid to satisfy a judgment entered against both in favor of a third person for personal injuries caused by the employee’s operation of a motor vehicle. There was a judgment for plaintiff and defendant appeals.

Defendant concedes that under the well established rule an employer is entitled to indemnity against his employee under the circumstances of this case. He contends, however, that the rule is outmoded and should be abrogated.

This same contention was made in the recent case of Fireman’s Fund Am. Ins. Co. v. Turner, 260 Or 30, 488 P2d 429 (1971). We carefully examined the rule and decided that it should be retained. Defendant has not developed in his argument any additional considerations not previously examined. Therefore we see no reason for departing from our previous pronouncement.

Judgment affirmed.

All West Breeders v. DeShazer
260 Or. 560 491 P.2d 626

Case Details

Name
All West Breeders v. DeShazer
Decision Date
Dec 15, 1971
Citations

260 Or. 560

491 P.2d 626

Jurisdiction
Oregon

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