Eugene Gorman v. Compass Group PLC; Compass Group USA, Inc.; Eurest Services, Inc.; Bon Appetit Management Co.; and Intel Corporation

Summary

The United States District Court for the District of Oregon granted Intel Corporation’s motion to dismiss four negligence-related counts arising from the plaintiff’s fall at a workplace cafeteria. The court held that the complaint did not adequately allege Intel’s independent involvement in the cafeteria’s operation, indirect-employer liability under Oregon’s Employer Liability Law, or owner liability under the Oregon Safe Employment Act, and dismissed the claims with leave to amend.

Holdings

1. Plaintiff failed to allege facts supporting an inference that Intel was involved in operating Ingredients Café on a basis independent of its status as the premises owner. The common-law negligence claim was therefore dismissed.
2. Plaintiff failed to allege facts establishing Intel's liability as an indirect employer under any of the Employer Liability Law's three alternative bases: common enterprise, retained right to control, or actual control. The Employer Liability Law claims were dismissed.
3. Plaintiff failed to state an Oregon Safe Employment Act negligence per se claim because the safety provisions he cited imposed duties on employers, not on owners of premises. The OSEA claim was dismissed.

Questions Presented

1. Whether Plaintiff plausibly stated a common-law negligence claim against Intel independent of his premises-liability claim.
2. Whether Plaintiff plausibly alleged that Intel was an indirect employer subject to liability under Oregon's Employer Liability Law.
3. Whether Plaintiff plausibly stated an Oregon Safe Employment Act negligence per se claim against Intel based on safety provisions imposing duties on employers rather than premises owners.

Disposition

other