FOLTZ v. STATE FARM MUT. AUTO. INS. CO.

USDC Civil 94-6293-HO; SC S43426.

952 P.2d 1012 (1998)

326 Or. 294

Debbie FOLTZ, Plaintiff v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, an Illinois corporation, California Institute of Medical Research and Technology, Inc., dba Comprehensive Medical Review, and Ralph Householder, Defendants

Supreme Court of Oregon, In Banc.

Decided January 23, 1998.


Attorney(s) appearing for the Case

Kim E. Hoyt and William D. Brandt, of Ferder, Brandt, Casebeer, Cooper, Hoyt, & French, LLP, Salem, and Daniel J. Gatti and David L. Kramer, of Gatti, Gatti, Maier, Krueger & Associates, Salem, filed the brief for plaintiff. Kim E. Hoyt and Mark E. Griffin, Portland, argued the cause for plaintiff.

I. Franklin Hunsaker, of Bullivant, Houser, Bailey, Pendergrass & Hoffman, P.C., Portland, argued the cause for defendants State Farm Mutual Automobile Insurance Company. With him on the briefs were Douglas G. Houser and Stuart D. Jones, and Ralph C. Spooner, of Spooner & Much, P.C., Salem.

Bruce E. Smith, of Gleaves, Swearingen, Larsen, Potter, Scott & Smith, LLP, Eugene, argued the cause and filed the brief for defendant California Institute of Medical Research and Technology, Inc.

Douglas G. Schaller and Kelly M. Hagan, of Johnson, Clifton, Larsen & Corson, P.C., Eugene, filed a brief amicus curiae on behalf of Oregon Trial Lawyers Association.


VAN HOOMISSEN, Justice.

This case is before the court on certification of questions of Oregon law asked by the United States District Court for the District of Oregon pursuant to ORS 28.200 et seq. (1995).

We take the following facts from the district court's order:

"Plaintiff was insured by defendant State Farm Mutual Automobile Insurance Company (State Farm) at the time her son was allegedly injured in an automobile accident. Plaintiff sought...

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