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JONES v. GENERAL MOTORS CORP.

CC 9304-02799; CA A84036; SC S43153.

939 P.2d 608 (1997)

325 Or. 404

Jerrold W. JONES, Petitioner on Review, v. GENERAL MOTORS CORPORATION, a Delaware corporation and Wentworth Chevrolet Co., an Oregon corporation, Respondents on Review.

Supreme Court of Oregon.

Decided June 26, 1997.

Attorney(s) appearing for the Case

Robert K. Udziela, of Pozzi Wilson Atchison, Portland, argued the cause and filed the petition for petitioner on review.

Charles F. Adams, of Stoel Rives LLP, Portland, argued the cause for respondents on review and filed a brief. With him on the response to the petition was John V. Acosta.

Anthony A. Allen, Salem, and Phil Goldsmith, Portland, filed briefs on behalf of amicus curiae Oregon Trial Lawyers Association.

James N. Westwood, of Miller, Nash, Wiener, Hager & Carlsen LLP, Portland, filed a brief on behalf of amicus curiae Oregon Association of Defense Counsel.

Before CARSON, C.J., and GILLETTE, VAN HOOMISSEN, FADELEY, DURHAM and KULONGOSKI, JJ.

DURHAM, Justice.

This is an action for damages for negligence and strict liability. Plaintiff appeals from a judgment entered after the trial court granted defendants' motion for summary judgment. The dispositive question is whether a 1995 amendment to ORCP 47 C permits entry of a summary judgment for defendants on this record. We agree with the Court of Appeals that defendants are not entitled to a summary judgment, although we disagree with its reason for reaching...

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