John LAKIN and Ann Marie Lakin, husband and wife, Respondents on Review,
v.
SENCO PRODUCTS, INC., an Ohio corporation, Petitioner on Review,
and
Western Supply Corporation, an Oregon Corporation, dba Western Tool Supply, Defendant.
Supreme Court of Oregon.https://leagle.com/images/logo.png
Argued and Submitted November 5, 1997.
Resubmitted June 11, 1998.
Decided July 15, 1999.
Attorney(s) appearing for the Case
Ridgway K. Foley, Jr., of Green & Markley, P.C., Portland, argued the cause for petitioner on review. With him on the briefs was M. Elizabeth Duncan.
Kathryn H. Clarke, Portland, argued the cause for respondents on review. With her on the briefs was Maureen Leonard, Portland.
Mark A. Bonanno and Thomas E. Cooney, of Cooney & Crew, P.C., Portland, filed a brief on behalf of amicus curiae Oregon Medical Association.
Jeffrey M. Batchelor, of Lane Powell Spears Lubersky LLP, Portland, filed briefs on behalf of amicus curiae Oregon Association of Defense Counsel.
Thomas W. Brown, of Cosgrave, Vergeer & Kester, LLP, Portland, Steven J. Goode, Austin, Texas, William Powers, Jr., Austin, Texas, and Hugh F. Young, Jr., of the Product Liability Advisory Council, Inc., Reston, Virginia, filed a brief on behalf of amicus curiae Product Liability Advisory Council, Inc.
Thomas M. Christ, of Mitchell, Lang & Smith, Portland, filed a brief on behalf of amicus curiae Mutual of Enumclaw Insurance Company.
Jonathan M. Hoffman, of Martin, Bischoff, Templeton, Langslet & Hoffman, Portland, filed a brief on behalf of amici curiae Toyota Motor Corporation, Toyota Motor Sales U.S.A., Inc., and Broadway Toyota, Inc.
Daniel J. Popeo and David M. Young, of Washington Legal Foundation, Washington, D.C., and R. Daniel Lindahl, of Bullivant Houser Bailey Pendergrass & Hoffman, P.C., Portland, filed a brief on behalf of amici curiae Washington Legal Foundation and Allied Educational Foundation.
Charles S. Tauman, Portland, filed a brief on behalf of amici curiae Oregon State Council of Senior Citizens, United Seniors of Oregon, Salem Gray Panthers, Portland Gray Panthers, Oregon Consumer League, Consumer Justice Alliance, Oregon Action, Oregon Advocacy Center, Oregon State Public Interest Research, Oregon Law Center, and Brain Injury Support Group of Oregon.
Robert K. Udziela, of Pozzi Wilson Atchison, LLP, Portland, David F. Sugerman, of Paul & Sugerman, P.C., and Douglas G. Schaller, of Johnson, Clifton, Larson, & Corson P.C., filed a brief on behalf of amicus curiae Oregon Trial Lawyers Association.
Arthur C. Johnson, Eugene, filed a brief on behalf of amicus curiae Association of Trial Lawyers of America.
Before CARSON, Chief Justice, and GILLETTE, VAN HOOMISSEN, DURHAM, and KULONGOSKI, Justices.
Supreme Court of Oregon.
VAN HOOMISSEN, J.
John Lakin and Ann Marie Lakin, (plaintiffs), brought an action at law against defendant Senco Products, Inc., (Senco) seeking economic, noneconomic, and punitive damages for personal injury and loss of consortium arising out of allegations of negligent failure to warn and strict products liability in the design and manufacture of the SN325 pneumatic nail gun. In its answer, Senco alleged, inter alia, that ORS 18.560(1)1...
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