HAGAN v. GEMSTATE MFG., INC.

(CC 9311-07570; CA A90494; SC S44447)

982 P.2d 1108 (1999)

328 Or. 535

Kari L. HAGAN, Personal Representative for the Estate of Kenneth S. Hagan, Deceased, Respondent on Review, v. GEMSTATE MANUFACTURING, INC., an Idaho corporation, Petitioner on Review, and Northwest Truck Sales, Inc., an Oregon Corporation; and John L. Jersey & Son, Inc., an Oregon corporation, Defendants.

Supreme Court of Oregon.

Decided May 20, 1999.


Attorney(s) appearing for the Case

Barbara L. Johnston, of Brisbee & Stockton, Hillsboro, argued the cause for petitioner on review. With her on the briefs was Larry A. Brisbee.

W. Eugene Hallman, Pendleton, argued the cause for respondent on review. With him on the briefs were James E. McCandlish, of Griffin, McCandlish, Portland, and William A. Gaylord of Gaylord & Eyerman, P.C.

Kathryn H. Clarke, Portland, filed a brief for amicus curiae Oregon Trial Lawyers Association.

Julie K. Bolt, of Martin, Bischoff, Templeton, Langslet & Hoffman LLP, Portland, filed a brief for amicus curiae Oregon Association of Defense Counsel. With her on the brief was Jonathan M. Hoffman.

Thomas W. Brown, of Cosgrave, Vergeer & Kester LLP, Portland, filed a brief for amicus curiae Truck Trailer Manufacturers Association.

Before CARSON, Chief Justice, and GILLETTE, VAN HOOMISSEN, DURHAM, KULONGOSKI, and LEESON, Justices.


LEESON, J.

Plaintiff, the personal representative of the estate of the decedent, Kenneth S. Hagan (Hagan), brought this damages action against defendant Gemstate Manufacturing, Inc. (defendant) alleging common-law negligence and products liability.1 The action followed Hagan's death in a collision with the rear-end of a tiltbed trailer that defendant had manufactured. A jury found defendant not liable. The Court of Appeals reversed and...

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