Charles HARRIS and Kary A. Harris, co-trustees of the Harris Family Trust, Respondents on Review,
v.
George R. SUNIGA and George R. Suniga, Inc., an Oregon corporation, Petitioners on Review.
George R. Suniga and George R. Suniga, Inc., an Oregon corporation, Third-Party Plaintiffs,
v.
Harvey Cain Construction, Inc., an Oregon corporation; Color Flow Painting, Inc.; Paul Allport, dba Triple J Remodeling and Roofing; and Scott A. Boyd, dba Boyd's Painting, Third-Party Defendants.
Supreme Court of Oregon.https://leagle.com/images/logo.png
Argued and Submitted September 10, 2007.
Decided March 20, 2008.
Attorney(s) appearing for the Case
Norman R. Hill, Webb, Martinis & Hill, Salem, argued the cause and filed the briefs for respondents on review.
Thomas M. Christ, Cosgrave Vergeer Kester LLP, Portland, argued the cause and filed the briefs for petitioners on review.
Frederic E. Cann, Cann Lawyers, Portland, submitted a brief on behalf of amicus curiae Northridge Remodeling Company.
Stan Austin, Miller Nash, LLP, Bend, submitted a brief on behalf of amici curiae the American Council of Engineering Companies, ACEC Oregon, AFSE/The Best People on Earth, the Professional Engineers of Oregon, the Oregon section of the American Society of Civil Engineers, and the National Society of Professional Engineers.
David F. Rees and Joshua L. Ross, Stoll Stoll Berne Lokting & Shlachter P.C., Portland, submitted a brief on behalf of amicus curiae Oregon Trial Lawyers Association.
A. Richard Vial and Christopher M. Tingey, Vial Fotheringham LLP, Portland, submitted a brief on behalf of amicus curiae Community Associations Institute — Oregon.
Dean E. Aldrich, J. Lee Street, and Adele Ridenour, The Aldrich Law Office, P.C., Portland, submitted a brief on behalf of amici curiae Community Action Organization of Washington County; Farmworker Housing Development Corporation; Mississippi Overlook, LLC; Murrey R. and Joann D. Albers; Association of Unit Owners of Hilltop Condominiums at Uptown; Archival Properties, LLC; Michael and Deanne Fahy Price; Association of Unit Owners of the Linden Village Condominiums; Dennis O. and Kathleen McCarney Mayer; Lon and Charlene Paulson; and Barry and Alyssa Engle.
Phillip E. Joseph, James C. Prichard, and Robert w. Wilkinson, Ball Janik LLP, Portland, submitted a brief on behalf of amici curiae Daniel and Stephanie Harmond and Brian and Janet Mattson.
Before DE MUNIZ, Chief Justice, and DURHAM, BALMER, KISTLER, WALTERS, and LINDER, Justices.
Supreme Court of Oregon.
BALMER, J.
This tort case requires us to determine the scope of the "economic loss" doctrine. That doctrine bars a party that has suffered a purely economic loss from bringing a negligence action against the party that caused the loss, unless there is a special relationship between the parties. Plaintiffs are trustees of a trust that purchased an apartment building that plaintiffs alleged had been negligently constructed by defendants. Defendants had built the apartment...
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