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BOLT v. INFLUENCE, INC.

CC 9911-12433; SC S48510

43 P.3d 425 (2002)

333 Or. 572

Alisha F. BOLT and Thomas Bolt, Husband and Wife, Plaintiffs-Relators, v. INFLUENCE, INC., a Delaware corporation, Defendant-Adverse Party, and Women's Healthcare Clinic of Oregon, P.C., an Oregon corporation; and George M. Bailey, M.D., Defendants.

Supreme Court of Oregon, En Banc.

Decided March 28, 2002.

Attorney(s) appearing for the Case

John Paul Graff, of Graff & O'Neil, Portland, argued the cause and filed the brief for plaintiffs-relators. With him on the brief was Jeffrey B. Wihtol.

George S. Pitcher, of Tooze, Duden, Creamer, Frank & Hutchison, Portland, argued the cause and filed the brief for defendant-adverse party. With him on the brief was Eric J. Neiman.

Barbara L. Johnston, Hillsboro, filed the brief for amicus curiae Oregon Association of Defense Counsel.

Jonathan M. Hoffman, Portland, filed the brief for amicus curiae Product Liability Advisory Council, Inc.

Linda K. Eyerman, Portland, filed the brief for amicus curiae Oregon Trial Lawyers Association.

BALMER, J.

In this original mandamus proceeding, we consider the legal standards governing a trial court's decision on a motion to amend a complaint to add a punitive damages claim in a products liability case. The trial court denied plaintiffs' motion to amend on the ground that they had not presented evidence sufficient for a jury to find, by clear and convincing evidence, that they were entitled to punitive damages. Because ORS 18.535(3) sets out a less demanding...

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