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RAINS v. STAYTON BUILDERS MART, INC.

06C21040; A145916.

336 P.3d 483 (2014)

264 Or. App. 636

Kevin RAINS and Mitzi Rains, Plaintiffs-Respondents, v. STAYTON BUILDERS MART, INC.; John Doe Lumber Supplier; John Doe Lumber Mill; and Five Star Construction, Inc., Defendants. Stayton Builders Mart, Inc., Third-Party Plaintiff-Respondent, v. RSG Forest Products, Inc., et al., Third-Party Defendants, and Weyerhaeuser Company, Third-Party Defendant-Appellant. Weyerhaeuser Company, Fourth-Party Plaintiff, v. Rodriguez & Rains Construction, an Oregon corporation, Fourth-Party Defendant. Withers Lumber Company, Fourth-Party Plaintiff, v. Sellwood Lumber Co., Inc., an Oregon corporation; and Weyerhaeuser Company, Fourth-Party Defendants. Western International Forest Products, Inc., Fourth-Party Plaintiff, v. Benito Rodriguez, Kevin Rains, and Rodriguez & Rains Construction, Fourth-Party Defendants. Sell Wood Lumber Co., Inc., an Oregon corporation, Fifth-Party Plaintiff, v. Swanson Bros. Lumber Co., Inc., an Oregon corporation, Fifth-Party Defendant.

Court of Appeals of Oregon.

Decided August 13, 2014.

Attorney(s) appearing for the Case

Michael T. Stone , Hillboro, argued the cause and filed the briefs for appellant.

Maureen Leonard argued the cause for respondents Kevin and Mitzi Rains. With her on the brief were Brian Whitehead and J. Randolph Pickett.

Thomas W. Brown , Portland, argued the cause for respondent Stayton Builders Mart, Inc. With him on the brief were Nicholas E. Wheeler , Julie A. Smith , and Cosgrave Vergeer Kester LLP.

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

ORTEGA, P.J.

Plaintiffs Kevin and Mitzi Rains filed an action against several parties seeking damages for injuries sustained by Kevin when a board on which he was standing broke, causing him to fall 16 feet to the ground. Kevin, who was working as a subcontractor on a construction project, sustained a thoracic T12 vertebrae burst fracture that resulted in paraplegia. Kevin brought claims against a number of parties for negligence and strict products liability. Mitzi...

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