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EWEN v. McLEAN TRUCKING CO.

CA 25947; SC S31324; No. A8004-01826.

706 P.2d 929 (1985)

300 Or. 24

Irving G. EWEN, As Guardian Ad Litem for Sophie S. Ewen, an Incapacitated Person, Respondent On Review, v. MCLEAN TRUCKING COMPANY, a Foreign Corporation, James David Owens, Defendants, and International Harvester Company, a Foreign Corporation, Petitioner On Review.

Supreme Court of Oregon, In Banc.

Decided September 17, 1985.

Reconsideration Denied October 29, 1985.

Attorney(s) appearing for the Case

E. Joseph Dean, Portland, argued the cause for petitioner on review. With him on the petition were Charles F. Adams, Phillip D. Chadsey, and Stoel, Rives, Boley, Fraser & Wyse, Portland, and Seymour W. Croft, Chicago, Ill.

Charles J. Merten, Portland, argued the cause for respondent on review. With him on the response to the petition were Richard S. Yugler and Merten & Fink, Portland.

Arthur C. Johnson, Eugene, filed an amicus curiae brief. With him on the brief were Claudia F. Ingram and Johnson, Quinn, Clifton & Williams, Eugene.

LINDE, Justice.

Plaintiff is the guardian ad litem of Sophie S. Ewen, who was struck by a truck while crossing a street intersection. In addition to negligence actions against the trucking company and the driver, plaintiff brought a "product liability civil action," ORS 30.900, against International Harvester Company, the manufacturer of the truck, alleging that its defective design prevented the driver from seeing...

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