Gary Groeneweg v. Jeld-Wen, Inc.

NOT FOR PUBLICATION FILED

UNITED STATES COURT OF APPEALS MAR 19 2025

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

GARY GROENEWEG, No. 23-35578

Plaintiff-Appellant, D.C. No. 6:20-cv-01030-AA

v.

MEMORANDUM*

JELD-WEN, INC., a foreign business corporation,

Defendant-Appellee.

Appeal from the United States District Court for the District of Oregon Ann L. Aiken, District Judge, Presiding

Argued and Submitted December 2, 2024 Portland, Oregon

Before: TASHIMA, NGUYEN, and SUNG, Circuit Judges.

Gary Groeneweg, a driver for Crete Carrier, was injured while delivering

and unloading windows owned by manufacturer JELD-WEN. Groeneweg sued

JELD-WEN for common law negligence, negligence per se, and violations of

Oregon’s Employment Liability Law (ELL) and the Oregon Safe Employment Act

(OSEA). The district court granted summary judgment in favor of JELD-WEN on

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. all claims. Groeneweg timely appealed.

We have jurisdiction under 28 U.S.C. § 1291,…