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KELLER v. ARMSTRONG WORLD INDUSTRIES, INC.

0010-10816; A117518.

107 P.3d 29 (2005)

197 Or. App. 450

Lawrence KELLER and Patricia Keller, Appellants, v. ARMSTRONG WORLD INDUSTRIES, INC., et al, Defendants, and Borg-Warner Automotive, Inc., a Delaware corporation, fka Borg-Warner Corporation, individually and as successor-in-interest to Borg-Warner Corporation — Borg & Beck Division, and Borg-Warner Corporation — Rockford Clutch Division; and Tenneco Automotive Operating Company, Inc., a Delaware corporation, Respondents.

Court of Appeals of Oregon, En Banc.

Resubmitted October 27, 2004.

Decided February 9, 2005.

Attorney(s) appearing for the Case

Lloyd F. Leroy, Novato, CA, argued the cause for appellants. On the opening brief were Robyn L. Stein, Diane Abraham, Novato, CA, Gil Purcell, and Brayton Purcell, Novato, CA, and on the reply brief were Elaine J. Brown, Robyn L. Stein, Jon M. Egan, Gil Purcell, and Brayton Purcell.

Alan Gladstone, Portland, argued the cause for respondent Borg-Warner Automotive, Inc., and Thomas W. Sondag, Portland, argued the cause for respondent Tenneco Automotive Operating Company, Inc. With them on the joint brief were Abbott, Davis, Rothwell, Mullin & Earle, P.C., and Lane Powell Spears Lubersky LLP.

Before BREWER, Chief Judge, and EDMONDS, LANDAU, HASELTON, ARMSTRONG, LINDER, WOLLHEIM, SCHUMAN, and ORTEGA, Judges, and DEITS, Judge pro tempore.

Resubmitted En Banc October 27, 2004.

DEITS, J. pro tempore.

Plaintiffs appeal after the trial court granted summary judgment to defendants on plaintiffs' claims for injuries related to plaintiff Lawrence Keller's exposure to asbestos.1 The trial court held that the claims were barred by ORS 30.907, the applicable statute of limitations. We reverse.

Because we are reviewing summary judgment in defendants' favor, we state...

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