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SEALEY v. HICKS

86-0869C; CA A47084.

768 P.2d 428 (1989)

95 Or.App. 182

Scott A. SEALEY, a Minor, by and through His Guardian Ad Litem, Carl Sealey; Carl Sealey and Delores Sealey, Husband and Wife, Appellants, v. Eric Hames HICKS, a Minor, Leonard C. Bloyd, and Toyota Motors Distributors, Inc., a California Corporation, Defendants, and Toyota Motors Corp., a Foreign Corporation, Respondent.

Court of Appeals of Oregon.

Decided February 8, 1989.

Reconsideration Denied March 24, 1989.

Attorney(s) appearing for the Case

Richard H. Muller, Portland, argued the cause and submitted the briefs for appellants.

Jonathan M. Hoffman, Portland, argued the cause and submitted the brief for respondent.

Before BUTTLER, P.J., and WARREN and ROSSMAN, JJ.

ROSSMAN, Judge.

Plaintiffs brought this action on August 18, 1986, for injuries suffered by Scott when a 1975 Toyota Landcruiser in which he was riding overturned on April 23, 1986. The trial court granted a summary judgment in favor of defendant Toyota Motors Corporation (TMC). We affirm.

We turn first to a procedural matter raised by TMC. It is undisputed that the Landcruiser was first purchased in May, 1975, more than 11 years before the action was filed...

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