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BEHURST v. CROWN CORK & SEAL USA, INC.

(U.S. District Court No. 04-CV-1261-HA; SC S055500).

203 P.3d 207 (2009)

346 Or. 29

Mia BEHURST, as personal representative of the Estate of Tara Lynne Hall, deceased, Plaintiff, v. CROWN CORK & SEAL USA, INC., a Delaware corporation, aka Crown Cork & Seal Company, Inc.; and Ameco Corporation, a Wisconsin corporation, Defendants.

Supreme Court of Oregon, En Banc.

Certification Accepted January 23, 2008.

Argued and Submitted December 9, 2008.

Decided March 5, 2009.

Attorney(s) appearing for the Case

Mark Morrell, Portland, argued the cause and filed the brief for plaintiff.

Thomas W. Sondag, Lane Powell PC, Portland, argued the cause and filed the brief for defendants. With him on the brief were Vicki L. Smith and Stephanie L.V. Hendricks.

DURHAM, J.

This case is before this court on a certified question of Oregon law from the United States District Court for the District of Oregon. Plaintiff is the personal representative of the estate of Tara Lynne Hall, decedent. After plaintiff's decedent was killed in the course of her employment with defendant, plaintiff filed an action for wrongful death, alleging that defendant had caused decedent's death by deliberate intention. Defendant responded that Oregon...

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