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ELLIS v. FERRELLGAS, L.P.

033066L3; A127989.

156 P.3d 136 (2007)

211 Or. App. 648

Harold A. ELLIS, Plaintiff-Respondent, v. FERRELLGAS, L.P., and Ferrellgas, Inc., Defendants-Appellants, and Joseph Westby, Defendant.

Court of Appeals of Oregon.

Decided April 4, 2007.

Attorney(s) appearing for the Case

Paul S. White argued the cause for appellants. With him on the briefs were John R. Fletcher, R. Daniel Lindahl, and Bullivant Houser Bailey, PC, Portland.

Dennis H. Black, Medford, argued the cause for respondent. With him on the brief was Black, Chapman, Webber, Stevens, Petersen & Lundblade.

Before EDMONDS, Presiding Judge, and BREWER, Chief Judge, and WOLLHEIM, Judge.

EDMONDS, P.J.

Plaintiff was injured in a propane gas explosion and filed a civil action for damages based on negligence and strict liability against defendants, who supplied and serviced the propane tank involved in the explosion. Defendants moved for summary judgment, and plaintiff cross-moved for partial summary judgment on the strict liability claim. The trial court granted plaintiff's motion on the ground that, based on McLane v. Northwest Natural Gas Co.,...

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