STATE FARM FIRE & CAS. CO. v. CENTURY HOME COMPON., INC.


550 P.2d 1185 (1976)

STATE FARM FIRE and Casualty Company et al., Respondents, v. CENTURY HOME COMPONENTS, Inc., a Corporation, Appellant.

Supreme Court of Oregon.

Decided May 27, 1976.


Attorney(s) appearing for the Case

Darst B. Atherly of Thwing, Atherly & Butler, Eugene, argued the cause for appellant. With him on the briefs were John C. Sihler and Samuel G. Wilson, Eugene.

Paul D. Clayton, Eugene, argued the cause for respondents State Farm Fire and Cas. Co., David Lindahl and Ann Lindahl, and Aero-Mayflower Transit Co., Inc; Richard K. Smith and Prudence H. Smith; Kenneth C. Becker and Marie L. Becker; and Lucile E. Parks. With him on the brief were Ralph F. Cobb and Luvaas, Cobb, Richards & Frazer, Eugene.

Arthur C. Johnson, Eugene, argued the cause for respondents Walter L. Olson and Karen Olson; Earl R. Gilmore, Jr., and Eva M. Gilmore; John Meek and Linda Meek; Gene P. Moritz and Theresa Moritz; James T. Potter and Mary C. Potter; Elmer R. Smith and Rollina R. Smith; Charles W. Fidler and Ann Fidler; and Wallace Ruff and Ruth Ruff. With him on the brief were John B. Arnold, Leslie Swanson, and Johnson, Johnson & Harrang, Eugene.

Darrell L. Johnson of Bullivant, Wright, Leedy, Johnson, Pendergrass & Hoffman, Portland, filed a brief as amicus curiae.

Before McALLISTER, P.J., and DENECKE, HOLMAN, TONGUE, HOWELL and BRYSON, JJ.


HOLMAN, Justice.

Defendant appeals from judgments entered in 13 actions for damages resulting from a fire. These actions were among 48 cases consolidated for a single hearing in the court below on the issue of collateral estoppel. The ruling of the trial court that defendant was collaterally estopped from contesting liability in each of the 48 actions forms the basis for defendant's appeal.

The fire giving rise to...

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