PIH BEAVERTON, LLC v. SUPER ONE, INC.

C072107CV; A142268 (Control); A142301.

294 P.3d 536 (2013)

254 Or. App. 486

PIH BEAVERTON, LLC, Plaintiff-Appellant, v. SUPER ONE, INC.; Gary Thompson, dba Portland Plastering Company; Michael Alford Eskew; David Lee Eskew; Eskew & Eskew, dba Eskew Roofing; Wood Mechanix, Inc.; and T.T. & L. Sheet Metal, Inc., Defendants-Respondents, and Does 1 through 8; Eskew Contracting, Inc.; Dan Rima, dba Dan Rima Construction; and Does 1 and 2, Defendants. Super One, Inc., Third-Party Plaintiff, v. Dan Rima, dba Dan Rima Construction; Eskew Contracting, Inc.; T.T. & L. Sheet Metal, Inc.; Sto Corp; Rose City Buiding Supply, an assumed business name of L & W Supply Corp.; Wood Mechanix, Inc.; Demi An Dawson, dba Spectra Caulking; Vips Motor Inns, Inc.; David Eskew; and Michael Eskew, dba Eskew Roofing, Third-Party Defendants. Pih Beaverton, LLC, a Delaware limited liability company, Plaintiff, v. Super One, Inc., an Oregon corporation; Gary Thompson, dba Portland Plastering Company; Does 1 through 8; Eskew Contracting, NC, an Oregon corporation; Dan Rima, dba Dan Rima Construction; Wood Mechanix, Inc., an Oregon corporation; Demian Dawson, dba Spectra Caulking; T.T. & L. Sheet Metal, Inc.; Does 1 and 2; Michael Alford Eskew; David Lee Eskew; Eskew & Eskew, dba Eskew Roofing; Defendants. Super One, Inc., an Oregon corporation, Third-Party Plaintiff-Appellant, v. Dan Rima, dba Dan Rima Construction, an individual; Eskew Contracting, Inc., an Oregon corporation; T.T. & L. Sheet Metal, Inc., an Oregon corporation; Sto Corp; a foreign corporation; Rose City Building Supply, an assumed business name of L & W Supply Corp., an Oregon corporation; Demian Dawson, dba Spectra Caulking, an individual; Vips Motor Inns, Inc., an Oregon corporation; David Eskew; And Michael Eskew, dba Eskew Roofing, Third-Party Defendants, and Wood Mechanix, Inc., an Oregon corporation; and Gary Thompson, dba Portland Plastering Company, Third-Party Defendants-Respondents.

Court of Appeals of Oregon.

Decided January 9, 2013.


Attorney(s) appearing for the Case

In A142268, Dwain M. Clifford , Portland, argued the cause for appellant. With him on the briefs were Daniel R. Webert and Ball Janik LLP.

In A142268, Chin See Ming argued the cause for respondent Super One, Inc. With him on the brief were Jack Levy and Smith Freed & Eberhard P.C.

In A142268, Jonathan Henderson , Portland, argued the cause for respondents Michael Alford Eskew, David Lee Eskew, Eskew & Eskew, and Wood Mechanix, Inc. With him on the brief was Davis Rothwell Earle & Xochihua P.C.

In A142268, Michael T. Stone filed the brief for respondent T.T. & L. Sheet Metal, Inc.

In A142268, Norma S. Ninomiya and Law Offices of Andersen & Nyburg for respondent Gary Thompson joined the briefs of respondents Super One, Inc., Michael Alford Eskew, David Lee Eskew, Eskew & Eskew, Wood Mechanix, Inc., and T.T. & L. Sheet Metal, Inc.

In A142301, Chin See Ming argued the cause for appellant. With him on the brief were Jack Levy and Smith Freed & Eberhard, PC.

In A142301, Norma S. Ninomiya argued the cause for respondent Gary Thompson. With her on the brief were Law Offices of Andersen & Nyburg.

In A142301, Jonathan W. Henderson , Portland, argued the cause for respondent Wood Mechanix, Inc. With him on the brief were Elizabeth E. Lampson and Davis Rothwell Earle & Xochihua P.C.

Before ORTEGA, Presiding Judge, and SERCOMBE, Judge, and HADLOCK, Judge.


HADLOCK, J.

These consolidated cases involve claims related to the allegedly negligent construction of a hotel. Plaintiff PIH Beaverton, the current owner of the hotel, brought a negligent-construction claim against Super One, a general contractor, and various subcontractors (collectively, "defendants"). Super One, in turn, sought indemnity from two subcontractors: (1) Gary Thompson dba Portland Plastering Company (Portland Plastering), via a cross-claim, and (2)...

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