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STATE EX REL. YOUNG v. CROOKHAM

TC A7704-05707 etc.; SC 26305.

618 P.2d 1268 (1980)

290 Or. 61

STATE ex rel. Stephen Young et al., Plaintiffs-Relators, v. Honorable Charles S. CROOKHAM, Defendant.

Supreme Court of Oregon.

Decided November 4, 1980.

Attorney(s) appearing for the Case

Don S. Willner and Charles S. Tauman, Portland, argued the cause for plaintiffs-relators. With them on the briefs were Willner, Bennett, Bobbitt & Hartman and Kafoury & Hagen, Portland.

Wayne A. Williamson, Portland, argued the cause for defendant. With him on the brief were Souther, Spaulding, Kinsey, Williamson & Schwabe, Wayne A. Williamson, Ridgway K. Foley, Jr., Henry C. Willener and Elizabeth K. Reeve, Portland.

Before DENECKE, C.J., and HOWELL, LENT, LINDE, PETERSON and TANZER, JJ.

LENT, Justice.

The issue in this case is whether Oregon should adopt the so-called "one bite" or "first comer" theory of punitive damages whereby, in multiple litigation arising from a continuing episode, the award of exemplary damages to one plaintiff would preclude the recovery of punitive damages for all subsequent plaintiffs.

Plaintiffs are 75 persons1 who claim to have been exposed to E coli bacteria resulting in severe gastrointestinal...

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