Summary
The United States District Court for the District of Oregon granted Bridgetown Natural Foods, LLC’s motion to dismiss the plaintiff’s Second Amended Complaint with prejudice. The court held that the allegations of inadequate training, supervision, workplace safety violations, and production pressure did not establish the specific intent to injure or certainty of injury required to invoke the exception to Oregon’s workers’ compensation exclusivity provision. Claims against Graco, Inc. may proceed.
Topics
Practice areas
Questions Presented
- Whether the Second Amended Complaint alleged facts sufficient to satisfy Oregon's specific-intent-to-injure exception to the workers' compensation exclusivity provision.
- Whether dismissal should be with prejudice because Plaintiff had repeatedly failed to cure the deficiency through amendment.
Holdings
- The Second Amended Complaint failed to state a claim against Bridgetown because it did not allege facts showing that Bridgetown specifically and deliberately intended to injure Plaintiff or knew that injury was certain to occur. Allegations of inadequate training, insufficient supervision, workplace safety violations, production pressure, and prior negligence established at most gross negligence, which is insufficient under Oregon law.
- Dismissal with prejudice and without further leave to amend was appropriate because Plaintiff had been given three opportunities to state a claim and the missing element—Bridgetown's specific intent to harm Plaintiff—was incurable.
Key quotations
“They show, at best, gross negligence, which is not enough to meet the narrow intent-to-injure exception under ORS § 656.156(2).” (Discussion § A)
“Here, Plaintiff has had three opportunities to state a claim on which relief can be granted but has failed three times. Thus, the Court finds that the deficiency created by the missing element, Bridgetown’s specific intent to harm Plaintiff, is incurable.” (Discussion § B)
Factual background
Saechao, an employee of Bridgetown, allegedly suffered a workplace injury while assisting with the reassembly of an industrial jelly pump manufactured by Graco. The Second Amended Complaint alleged that Bridgetown failed to provide adequate training, supervision, and staffing; pressured employees to perform work outside their training; and had knowledge of workplace safety problems identified in Oregon OSHA inspections. The court concluded that these allegations showed, at most, gross negligence and did not establish that Bridgetown specifically intended to injure Saechao or knew that injury was certain to occur.
Procedural history
Saechao sued his employer, Bridgetown Natural Foods, LLC, and pump manufacturer Graco, Inc. in Oregon state court for injuries allegedly sustained while using Graco's pump. Graco removed the case based on diversity jurisdiction, and the court denied remand after finding Bridgetown fraudulently joined because Oregon's workers' compensation exclusivity law barred the claims absent an intent to injure. The court dismissed the original Complaint and First Amended Complaint against Bridgetown with leave to replead. After Plaintiff filed a Second Amended Complaint, the court granted Bridgetown's motion to dismiss with prejudice, while allowing the action to proceed against Graco.
Remand instructions
The claims against Bridgetown are dismissed with prejudice. The case may proceed against Graco.