SHEA v. CHICAGO PNEUMATIC TOOL CO.

(9509-06261; CA A94732)

990 P.2d 912 (1999)

164 Or. App. 198

Donovan SHEA and Curt K. Joy, individually and on behalf of all other similarly situated persons, Respondents, v. CHICAGO PNEUMATIC TOOL COMPANY, a foreign corporation, Ppg Industries, Inc., a foreign corporation, Charles H. Day Co., Inc., an Oregon corporation, and Claude Smith, Inc., Appellants.

Court of Appeals of Oregon.

Decided November 24, 1999.


Attorney(s) appearing for the Case

Thomas V. Dulcich, Portland, argued the cause for appellants. With him on the briefs were Peter A. Ozanne, Joshua L. Palmer, Portland, and Schwabe, Williamson & Wyatt.

David F. Sugerman, Portland, argued the cause for respondents. With him on the briefs were Paul & Sugerman, PC, Bernard Jolles, Rick Klingbeil, Portland, and Jolles, Bernstein & Garone, PC.

Phil Goldsmith, Law Office of Phil Goldsmith, James S. Coon, and Swanson, Thomas & Coon filed a brief amicus curiae for Oregon Trial Lawyers Association.

Before LANDAU, Presiding Judge, and LINDER and BREWER, Judges.


LANDAU, P.J.

In this product liability case, the trial court entered an order certifying that the action may be maintained as a class action with respect to several disputed issues. The court included in its order a statement that its decision to certify the class action involved four controlling questions of law as to which there is substantial ground for disagreement and that the disposition of those questions by immediate appeal would materially advance the ultimate...

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