Scott A. SEALEY, a Minor, by and through His Guardian Ad Litem, Carl Sealey; Carl Sealey and Delores Sealey, Husband and Wife, Petitioners On Review,
v.
Erik James HICKS, a Minor; Leonard C. Bloyd; Toyota Motors Distributors, Inc., a California Corporation, Defendants, and
Toyota Motors Corp., a Foreign Corporation, Respondent On Review.
Supreme Court of Oregon.https://leagle.com/images/logo.png
Argued and Submitted June 14, 1989.
Decided March 6, 1990.
Attorney(s) appearing for the Case
Richard H. Muller, Portland, argued the cause and filed the petition for petitioners on review.
Jonathan M. Hoffman, Portland, argued the cause for respondent on review.
Jay M. Smyser, Chicago, Ill., Miller, Nash, Wiener, Hager & Carlsen and James N. Westwood, Portland, filed a brief on behalf of amicus curiae, Product Liability Advisory Council, Inc.
Emerson G. Fisher, Portland, filed a brief on behalf of amicus curiae, Oregon Trial Lawyers Ass'n.
Lee Aronson and Schulte, Anderson, DeFrancq, Downes & Carter, P.C., Portland, filed a brief on behalf of amicus curiae, Oregon Ass'n of Defense Counsel.
Before PETERSON, C.J., and LINDE, CARSON, JONES, GILLETTE, VAN HOOMISSEN and FADELEY, JJ.
Supreme Court of Oregon.
GILLETTE, Justice.
The primary issue in this products liability case is whether ORS 30.905,1 the products liability statute of ultimate repose, violates either the Oregon Constitution or the Seventh or Fourteenth Amendments to the United States Constitution. A secondary issue concerns whether plaintiffs' complaint alleges a negligent, continuing failure on the part of the manufacturer to warn of the product's defective and dangerous condition...
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