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WILLEMSEN v. INVACARE CORP.

CC 0902-01653; SC S059201.

282 P.3d 867 (2012)

352 Or. 191

Jeffrey WILLEMSEN, as Personal Representative of the Estate of Karlene J. Willemsen, and James Willemsen, Plaintiffs-Adverse Parties, v. INVACARE CORPORATION, a foreign corporation; United Seating & Mobility, a foreign limited liability company; Motion Concepts, Inc., a foreign corporation; Perpetual Motion Enterprises, Ltd., a foreign corporation; Pass & Seymour, Inc., a foreign corporation; Siemens Corporation, a foreign corporation; Siemens Industry, Inc., f/k/a/ Siemens Energy and Automation, Inc., a foreign corporation; Summers Group, Inc., dba Rexel, a foreign corporation; and Gaw Electric, Inc., an Oregon corporation, Defendants, and China Terminal & Electric Corp., a foreign corporation; CTE Tech Corp., a foreign corporation, Defendants-Relators.

Supreme Court of Oregon, En Banc.

Decided July 19, 2012.

Attorney(s) appearing for the Case

Jonathan M. Hoffman , Martin Bischoff Templeton Langslet & Hoffman LLP, Portland, argued the cause for Defendants-Relators. Joan L. Volpert , Portland, filed the brief for Defendants-Relators. With her on the brief were Jonathan M. Hoffman and Mary-Ann S. Rayburn .

Kathryn H. Clarke , Portland, argued the cause and filed the brief for Adverse Parties. With her on the brief was Jeffrey A. Bowersox .

Gregory S. Pitcher , Williams, Kastner & Gibbs PLLC, Portland, filed the brief for amicus curiae Product Liability Advisory Committee, Inc.

Lisa T. Hunt , Portland, filed the brief for amicus curiae Oregon Trial Lawyers Association.

KISTLER, J.

Defendant CTE Tech Corp. is a Taiwanese corporation that manufactures battery chargers.1 Defendant Invacare Corporation is an Ohio corporation that manufactures motorized wheelchairs. CTE agreed to supply Invacare with battery chargers built to Invacare's specifications, which Invacare then sold with its motorized wheelchairs in Oregon and the rest of the United States. Plaintiffs brought this action against CTE after their...

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