McCATHERN v. TOYOTA MOTOR CORP.

(CC 9601-00689; CA A98578; SC S46683)

23 P.3d 320 (2001)

332 Or. 59

Linda McCATHERN, Respondent on Review, v. TOYOTA MOTOR CORPORATION, a foreign corporation, Toyota Motor Sales, Inc., a foreign corporation, and Broadway Toyota, an Oregon corporation, Petitioners on Review, and Takata Corporation, a foreign corporation, Defendant.

Supreme Court of Oregon.

Decided May 10, 2001.


Attorney(s) appearing for the Case

Malcolm E. Wheeler, of Wheeler Trigg & Kennedy, P.C., Denver, CO, argued the cause for petitioners on review. With him on the briefs were Jonathan M. Hoffman and Julie K. Bolt, of Martin, Bischoff, Templeton, Langslet & Hoffman, LLP, Portland.

Kathryn H. Clarke, Portland, argued the cause for respondent on review. With her on the brief were Maureen Leonard, Jeffrey P. Foote, and Jana Toran, Portland.

Arthur C. Johnson, of Johnson, Clifton, Larson, & Corson, P.C., Eugene, filed a brief for amicus curiae Oregon Trial Lawyers Association.

Karen O'Kasey, of Schwabe, Williamson & Wyatt, Portland, filed a brief for amicus curiae Oregon Association of Defense Counsel.

Christopher W. Angius, of Perkins Coie, Portland, and Victor E. Schwartz, Mark A. Behrens, and Leah Lorber, of Crowell & Moring, LLP, Washington, DC, filed a brief for amicus curiae Product Liability Advisory Council, Inc. Also appearing on the brief was Of Counsel Hugh F. Young, Jr., Product Liability Advisory Council, Inc., Reston, VA.

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


KULONGOSKI, J.

The primary issue on review in this product liability civil action is whether plaintiff introduced sufficient evidence to establish that the 1994 Toyota 4Runner was designed defectively.1 Plaintiff was injured when the 1994 4Runner vehicle in which she was riding as a passenger rolled over. Plaintiff sued defendants—the manufacturer, distributor, and seller of the 4Runner...

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