HOYT v. VITEK, INC.

A8807-03720, A8901-00022; CA A80213, (Control) CA A81272.

894 P.2d 1225 (1995)

134 Or. App. 271

Judy HOYT, Plaintiff, v. VITEK, INC., a Texas Corporation; Novamed, Inc., a Texas Corporation; Charles A. Homsy and John N. Kent, and E.I. du Pont de Nemours and Company, a Delaware Corporation, Defendants. Lisa Kay MORSS and Kenneth Morss, Appellants, v. VITEK, INC., a Texas Corporation; Charles A. Homsy, and Holladay Park Medical Center, an Oregon Corporation, Defendants, E.I. du Pont de Nemours & Co., a Delaware Corporation, Respondent.

Court of Appeals of Oregon.

Decided May 10, 1995.


Attorney(s) appearing for the Case

Henry Kantor, Portland, argued the cause for appellants Morss. With him on the briefs were Michael S. Morey and Kantor and Sacks.

Edward M. Mansfield, Phoenix, AZ, and John R. Faust, Jr., Portland, argued the cause for respondent E.I. du Pont de Nemours & Co. With them on the briefs were Barry Fish, Bret A. Maidman and Lewis and Roca, Phoenix, AZ, and Wayne Williamson, Mildred J. Carmack and Schwabe, Williamson & Wyatt, Portland.

Before RIGGS, P.J., and De MUNIZ and LEESON, JJ.


LEESON, Judge.

Plaintiff1 brought this product liability action against E.I. du Pont de Nemours and Company (du Pont) for damages allegedly caused by the use of Teflon, which was manufactured and sold by du Pont, in a temporomandibular joint implant designed, manufactured and marketed by Vitek, Inc. (Vitek).2 The trial court granted du Pont's motion for summary judgment on plaintiff's strict liability claim...

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