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McDOWELL v. ALLIED BLDG. PRODUCTS CORP.

040606718; A134348.

230 P.3d 552 (2010)

235 Or. App. 12

Robert McDOWELL, Plaintiff-Appellant, v. ALLIED BUILDING PRODUCTS CORP., successor-in-interest to Allied Building Products Corp., and on behalf of Burkheimers, et al., Defendants, and Domco Products Texas, L.P., a Delaware corporation, fka Azrock Industries, Inc., successor-in-interest to Domco Products Texas L.P., on behalf of Domco U.S. Incorporated, on behalf of Domco Inc. Floor Product (Texas), on behalf of Uvalde Rock Asphalt Company; Kentile Floors, Inc., a New York corporation, successor-in-interest to Kentile Floors, Inc., on behalf of David E. Kennedy, Inc.; Wanke Panel Company, an Oregon corporation, Defendants-Respondents.

Court of Appeals of Oregon.

Decided April 21, 2010.

Attorney(s) appearing for the Case

Richard M. Grant, California, argued the cause for appellant. On the opening brief were Patrick Angel, J. Peter Jeffers, Delaney Miller, and Brayton Purcell, LLP. On the reply brief were Patrick Angel, Cameron O. Carter, and Brayton Purcell, LLP.

Thomas W. Brown, Portland, and J. Michael Mattingly argued the cause for respondents. With them on the joint brief were Cosgrave Vergeer Kester LLP, and Rizzo Mattingly Bosworth PC, and R. Daniel Lindahl and Lindahl Law Firm, PC.

Before HASELTON, Presiding Judge, and ARMSTRONG, Judge, and ROSENBLUM, Judge.

HASELTON, P.J.

Plaintiff appeals a limited judgment, challenging the dismissal of his claims concerning alleged asbestos exposure against defendants as a sanction for his violation of a court order.1 Among other things, plaintiff contends on appeal that, because he was unable to comply with the court's order, the trial court abused its discretion by dismissing his case. As amplified below, we affirm.

The material facts are procedural...

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