GOODYEAR TIRE & RUBBER v. TUALATIN TIRE & AUTO

CC C89-0099CV; CA A73536; SC S41806.

908 P.2d 300 (1995)

322 Or. 406

The GOODYEAR TIRE & RUBBER COMPANY, an Ohio corporation, Respondent on Review, v. TUALATIN TIRE & AUTO, INC., an Oregon corporation, Petitioner on Review.

Supreme Court of Oregon, In Banc.

Decided December 29, 1995.


Attorney(s) appearing for the Case

Mark E. Griffin, of Griffin & McCandlish, Portland, and Kim E. Hoyt, of Ferder, Brandt & Casebeer, Salem, argued the cause for petitioner on review. Mark E. Griffin filed the petition.

William H. Walters, of Miller, Nash, Wiener, Hager & Carlsen, Portland, argued the cause for respondent on review. With him on the brief was Linda L. Marshall.

Gary M. Berne and David C. Rees, of Stoll Stoll Berne Lokting & Shlachter P.C., Portland, filed a brief for amicus curiae Oregon Trial Lawyers Association.


GILLETTE, Justice.

This is a civil case involving a number of disputes between a franchisor, Goodyear Tire & Rubber Company (Goodyear), and a franchisee, Tualatin Tire & Auto, Inc. (Tualatin). We allowed review to determine two important issues of civil procedure. The first is whether the "we can't tell" rule, described by this court in Whinston v. Kaiser Foundation Hospital, 309 Or. 350

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