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GLADHART v. OREGON VINEYARD SUPPLY CO.

(CC CV97346; CA A100805; SC S47211)

26 P.3d 817 (2001)

332 Or. 226

Peter GLADHART and Emily Gladhart, husband and wife; Wild Plum Farms, Inc., an Oregon Corporation, dba Winter's Hill Vineyard, Respondents on Review, v. OREGON VINEYARD SUPPLY COMPANY, an Oregon Corporation; and Karen Benoit, Personal Representative of the Estate of Mark Benoit, Petitioners on Review.

Supreme Court of Oregon.

Decided June 8, 2001.

Attorney(s) appearing for the Case

Thomas M. Christ, of Mitchell, Lang & Smith, Portland, argued the cause and filed the briefs for petitioners on review.

James H. Marvin, of Marvin, Chorzempa & Associates, P.C., Portland, argued the cause for respondents on review. With him on the brief was J. Nicholas Baldwin-Sayre.

Roger K. Stroup, of Bodyfelt Mount Stroup & Chamberlin, Portland, filed a brief on behalf of amicus curiae Oregon Association of Defense Counsel.

Robert K. Udziela and Scott A. Shorr, Portland, filed a brief on behalf of amicus curiae Oregon Trial Lawyers Association.

De MUNIZ, J.

This is a products liability case involving the timeliness of plaintiffs' complaint. Until the legislature codified a civil action for products liability in 1977, a products liability claim was considered a common-law action, subject to the general tort limitations period specified in ORS 12.010 and ORS 12.110. See Redfield v. Mead, Johnson & Co., 266 Or. 273, 279, 512 P.2d 776 (1973) (applying two-year statute...

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