Karl L. OBERG, Respondent on Review,
v.
HONDA MOTOR CO., LTD.; Honda R & D Co., Ltd.; and American Honda Motor Co., Inc., Petitioners on Review.
Supreme Court of Oregon, In Banc.https://leagle.com/images/logo.png
Argued and Submitted January 10, 1992.
Reassigned March 30, 1993.
Decided May 20, 1993.
Reconsideration Denied July 27, 1993.
Attorney(s) appearing for the Case
Jeffrey R. Brooke, of Bowman and Brooke, Phoenix, AZ, argued the cause and filed the petition for petitioners on review. With him on the petition were Paul G. Cereghini, Phoenix, AZ, and Thomas W. Brown and James H. Gidley, of Cosgrave, Vergeer & Kester, Portland.
William A. Gaylord, of Gaylord & Eyerman, P.C., Portland, argued the cause for respondent on review and filed a response to the petition. With him on the response were Doris J. Brook and Raymond F. Thomas, of Royce, Swanson & Thomas, Portland.
Jonathan M. Hoffman, of Martin Bischoff, Templeton, Langslet & Hoffman, Portland; and Malcolm E. Wheeler, of Parcel, Mauro, Hultin & Spaanstra, P.C., Denver, CO, filed a brief on behalf of amici curiae Product Liability Advisory Council, Inc.; The Motor Vehicles Mfrs. Ass'n of the U.S., Inc.; The Chamber of Commerce of the U.S. National Ass'n of Mfrs. of the U.S. of America; Business Roundtable; and Chemical Mfrs. Ass'n.
Mildred J. Carmack and Ridgway K. Foley, Jr., P.C., of Schwabe, Williamson & Wyatt, Portland; and James N. Westwood, of Miller, Nash, Wiener, Hager & Carlsen, Portland, filed a brief on behalf of amicus curiae Oregon Association of Defense Counsel.
David A. Engels, of Banks, Newcomb & Engels, Portland, filed a brief on behalf of amici curiae Consumer Federation of America; U.S. Public Interest Research Group; Oregon State Public Interest Research Group; Portland Family Head Injury Support Group; Oregon Trial Lawyers Ass'n; and The Southern Poverty Law Center.
James H. Clarke, of Lane Powell Spears Lubersky, Portland, filed a brief on behalf of amici curiae Snap-On Tools Corp.; Tim Kash; and Ray Park.
Supreme Court of Oregon, In Banc.
GRABER, Judge.
This case involves a product liability claim against defendants, who manufactured and sold a 1985 Honda Model ATC350X three-wheeled all-terrain vehicle (ATV) used by plaintiff. Plaintiff attempted to drive the ATV up a steep embankment; it overturned backward, injuring him. Plaintiff then brought this action against defendants, alleging that they were negligent in manufacturing, distributing, and selling the...
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