McLean v. Buck Medical Services, Inc.

FILED: December 9, 1998

IN THE COURT OF APPEALS OF THE STATE OF OREGON

GARY McLEAN,

Appellant,

v.

BUCK MEDICAL SERVICES, INC.,
dba American Medical Response
Northwest, Inc., and A. A.
AMBULANCE SERVICE OF
PORTLAND, INC., dba American
Medical Response Northwest, Inc.,

Respondents,

and

MULTNOMAH COUNTY,

Respondent.

(9601-00413; CA A96826)

Appeal from Circuit Court, Multnomah County.

Ward Green, Judge pro tempore.

Argued and submitted May 26, 1998.

Mark E. Griffin argued the cause for appellant. With him on the brief was Griffin McCandlish.

Stephen F. Crew argued the cause for respondents. With him on the brief was O'Donnell, Ramis, Crew, Corrigan & Bachrach, LLP.

No appearance for respondent Multnomah County.

Before De Muniz, Presiding Judge, and Haselton and Wollheim, Judges.

HASELTON, J.

Affirmed.

DESIGNATION OF PREVAILING PARTY AND AWARD OF COSTS

Prevailing party: Respondents

[ ] No costs allowed.

[X] Costs allowed, payable by: Appellant

[ ] Costs allowed, to abide the outcome on remand, payable by:

HASELTON, J.

Plaintiff, the representative of a class of employees of defendants Buck Medical Services, Inc., and A. A. Ambulance Service of Portland, Inc., appeals from the trial court's allowance of defendants' motion for summary judgment. Plaintiff sought payment of overtime wages, asserting that defendants entered into public contracts to serve as the exclusive providers of emergency ambulance services in Multnomah and Clackamas counties and that defendants were, therefore, required to compensate plaintiff in compliance with the public contract overtime wage requirements of ORS chapter 279. We conclude that the contracts at issue here are "contracts for personal services" within the meaning of ORS 279.051 and, thus, are not subject to the overtime provisions of ORS 279.316 and ORS 279.334. Consequently, we affirm.