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BAILEY v. LEWIS FARM, INC.

(CC 0211-11957; CA A124145; SC S53916).

171 P.3d 336 (2007)

343 Or. 276

Jerome E. BAILEY, Petitioner on Review, v. LEWIS FARM, INC., an Oregon corporation; Paccar, Inc., a Delaware corporation, d/b/a Kenworth Motor Truck Company and/or Kenworth Truck Company, Defendants, and May Trucking Company, an Oregon corporation, Respondent on Review.

Supreme Court of Oregon.

Decided October 11, 2007.

Attorney(s) appearing for the Case

Gerald C. Doblie, Doblie & Associates, Portland, filed the briefs for petitioner on review.

Gordon T. Carey, Jr., Portland, argued the cause and filed the briefs for respondent on review May Trucking Company.

Kathryn H. Clarke, Portland, argued the cause and filed the brief for amicus curiae Oregon Trial Lawyers Association.

Michael A. Lehner, Lehner & Rodriguez PC, Portland, filed the brief for amicus curiae Oregon Association of Defense Counsel.

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

KISTLER, J.

The axle failed on a used tractor-trailer that May Trucking Company (defendant) had sold to another entity approximately a year earlier. As a result of the axle's failure, the tractor-trailer's wheels came off, bounced across the road, and hit plaintiff's vehicle in the oncoming lane of traffic, resulting in substantial injuries to plaintiff. Plaintiff sued, alleging that defendant's negligent maintenance of the axle during the time that it had owned the...

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