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McPIKE v. ENCISO'S COCINA MEJICANA, INC.

85-1055; CA A44381.

762 P.2d 315 (1988)

93 Or.App. 269

Kathy Lynn McPike, Personal Representative for the Estate of Medaya Hesper McPike, Appellant, v. ENCISO'S COCINA MEJICANA, INC., an Oregon Corporation; State of Oregon; John Doe I through V and John Doe, Inc., I through V, Defendants, and Dean Distributors, Inc., a California Corporation, and National Institutional Food Distributor Associates, Inc., a Delaware Corporation, Respondents.

Court of Appeals of Oregon.

Decided October 5, 1988.

Attorney(s) appearing for the Case

Rick T. Haselton, Portland, argued the cause for appellant. With him on the briefs was Lindsay, Hart, Neil & Weigler, Portland.

William E. Flinn, Eugene, argued the cause for respondent Dean Distributors, Inc. With him on the brief were Timothy F. Brewer and Flinn, Brown & Roseta, Eugene.

Thomas M. Christ, Portland, argued the cause for respondent Nat. Institutional Food Distributor Associates, Inc. With him on the brief was Mitchell, Lang & Smith, Portland.

Before RICHARDSON, P.J., JOSEPH, C.J., and DEITS, J.

RICHARDSON, Presiding Judge.

Plaintiff is the personal representative of the estate of Medaya McPike, a 10-year old girl who became seriously ill shortly after eating a guacamole tostado at the defendant restaurant. She died five days later. The guacamole had been treated with a sodium bisulfite preparation manufactured and distributed by defendants Dean Distributors, Inc. and National Institutional Food Distributors Associates, Inc. (NIFDA).1

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