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KELLER v. ARMSTRONG WORLD INDUSTRIES, INC.

(No. 0010-10816; CA A117518; SC S52801).

147 P.3d 1154 (2006)

342 Or. 23

Lawrence KELLER and Patricia Keller, Respondents on Review, 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; Defendant-Respondent, and Tenneco Automotive Operating Company Inc., a Delaware corporation, Petitioner on Review.

Supreme Court of Oregon.

Decided November 24, 2006.

Attorney(s) appearing for the Case

Thomas W. Sondag, Lane Powell, PC, Portland, argued the cause and filed the brief for petitioner on review.

James Coon, Swanson, Thomas & Coon, Portland, argued the cause and filed the brief for respondents on review. With him on the brief was Scott Niebling, Brayton Purcell LLP, Portland. Elaine J. Brown, Brayton Purcell LLP, Portland, filed the response to the petition for review for respondents on review.

Before DE MUNIZ, Chief Justice, and CARSON, GILLETTE, DURHAM, BALMER, and KISTLER, Justices.

KISTLER, J.

In October 2000, plaintiff filed this product liability action alleging that working with defendant's asbestos products had damaged his lungs.1 Defendant moved for summary judgment, claiming that a two-year statute of limitations barred plaintiff's claim. Defendant contended that plaintiff had known of the possibility that asbestos was the cause of his pulmonary problems since the mid-1980s and that plaintiff had referred to...

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