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HOLDSCLAW v. WARREN & BREWSTER

No. A 7708-12217; CA 13264.

607 P.2d 1208 (1980)

45 Or.App. 153

Delores HOLDSCLAW, Personal Representative of the Estate of Gilbert Wayne Holdsclaw, Deceased, Respondent, v. WARREN and BREWSTER, an Oregon Corporation, Appellant.

Court of Appeals of Oregon.

Decided March 10, 1980.

Attorney(s) appearing for the Case

Duane Vergeer, Portland, argued the cause for appellant. With him on the briefs were Thomas Sauberli and Vergeer, Roehr & Sweek, Portland.

William L. Hallmark, Portland, argued the cause and filed the brief for respondent.

Before BUTTLER, P.J., and GILLETTE and ROBERTS, JJ.

GILLETTE, Judge.

This is an action for wrongful death brought against the designer of a computerized saw mill. Plaintiff alleged both negligence in the design of the saw mill and strict liability for selling an unreasonably dangerous product. In its answer, defendant alleged contributory negligence and negligent misuse of the product as affirmative defenses. During the course of the trial, the plaintiff abandoned the negligence theory and proceeded only under strict...

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