PURDY v. DEERE AND CO.

CC 160800466; CA A144265; SC S060993.

324 P.3d 455 (2014)

355 Or. 204

Dwight G. PURDY, Conservator for Isabelle Eve Norton, a Minor, Petitioner on Review, v. DEERE AND COMPANY, a foreign corporation; and Ramsey-Waite Co., a corporation, Respondents on Review.

Supreme Court of Oregon, En Banc.

Decided April 17, 2014.


Attorney(s) appearing for the Case

Kathryn H. Clarke , Portland, argued the cause and filed the briefs for petitioner on review. With her on the briefs were Don Corson and Travis Eiva.

Michael T. Garone , Schwabe, Williamson & Wyatt, PC, Portland, argued the cause and filed the brief for respondents on review.

Meagan A. Flynn , Preston, Burnell & Flynn, Portland, and James S. Coon , Swanson, Thomas, Coon & Newton, Portland, filed a brief on behalf of amicus curiae Oregon Trial Lawyers Association.


BREWER, J.

In this product liability action, plaintiff appealed a judgment for defendants following a jury trial. The Court of Appeals affirmed without considering the merits of nine of plaintiff's ten assignments of instructional and evidentiary error. Purdy v. Deere and Company, 252 Or.App. 635, 287 P.3d 1281 (2012). The Court of Appeals explained that consideration of those assignments...

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