The CITY OF MEDFORD, Acting by and through Its Medford Water Commission, Appellant,
v.
BUDGE-McHugh SUPPLY Company, an Oregon Corporation; Orangeburg Manufacturing Company, a Division of the Flintkote Co.; Westflex Manufacturing Company, a Division of Western Plastic and Rubber Co., Inc.; Mobil Chemical Company, a Division of Mobil Oil Corporation; the Clow Corporation; Witco Chemical Corporation; Shell Oil Company; and Shell Chemical Company, Intervenors,
Hinds Supply Company, an Oregon Corporation; Consolidated Supply Company, an Oregon Corporation; Western Products Company, a Foreign Corporation; Western Plastics Corporation, Defendants,
American Brass and Iron Foundry, Respondent.
Court of Appeals of Oregon.https://leagle.com/images/logo.png
Argued and Submitted January 11, 1988.
Decided May 18, 1988.
Attorney(s) appearing for the Case
W.V. Deatherage, Medford, argued the cause for appellant. With him on the brief were Larry B. Workman and Frohnmayer, Deatherage, deSchweinitz, Pratt & Jamieson, Medford.
Denise G. Fjordbeck, Eugene, argued the cause for respondent. With her on the brief were William G. Wheatley and Jaqua, Wheatley, Gallagher & Holland, Eugene.
Mildred J. Carmack, Portland, argued the cause for intervenors Orangeburg Mfg. Co. and Wesflex Mfg. Co. With her on the brief were W.A. Jerry North and Schwabe, Williamson & Wyatt, Portland.
Thomas M. Christ, Portland, argued the cause for intervenor Consol. Supply Co. With him on the brief was Mitchell, Lang & Smith.
Donald E. Johnson, Ralph F. Cobb and Luvaas, Cobb, Richards & Fraser, Eugene, filed a brief for intervenor The Clow Corp.
H. Scott Plouse, Medford, filed a brief for intervenor Budge-McHugh Supply Co.
William E. Duhaime, Brophy, Wilson & Duhaime, Daniel A. Hyde, Vinson & Elkins, Clark E. Walter, Dewey, Ballantine, Bushby, Palmer & Wood, John V. Baus and Jones, Walter, Waechter, Poitevent, Carrere & Denegre, Medford, filed a brief for intervenors Mobil Chemical Co., Witco Corp., Shell Oil Co. and Shell Chemical Co.
(at8s)brief amicus curiae for Multnomah County School Dist. No. 1J.
Before WARDEN, P.J., and VAN HOOMISSEN and ROSSMAN, JJ.
Court of Appeals of Oregon.
WARDEN, Presiding Judge.
In this product liability action, City of Medford, appeals from the trial court's dismissal of its complaint against American Brass and Iron Foundry (defendant).1 It assigns error to the trial court's holdings that its negligence and strict liability claims were time barred under ORS 30.905 and that it failed to state ultimate facts sufficient to constitute a claim for strict liability. We address the assignments...
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