RAINS v. STAYTON BUILDERS MART, INC.

(CC 06C21040; SC S062939 (Control), SC S062959).

375 P.3d 490 (2016)

359 Or. 610

Kevin Rains and Mitzi RAINS, Petitioners on Review, 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, Respondent on Review. 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. Sellwood Lumber Co., Inc., an Oregon corporation, Fifth-Party Plaintiff, v. Swanson Bros. Lumber Co., Inc., an Oregon corporation, Fifth-Party Defendant. Kevin Rains and Mitzi Rains, Respondents on Review, v. Stayton Builders Mart, Inc.; John Doe Lumber Supplier; John Doe Lumber Mill; and Five Star Construction, Inc., Defendants. Stayton Builders Mart, Inc., Respondent on Review, v. RSG Forest Products, Inc., et al., Third-Party Defendants, and Weyerhaeuser Company, Petitioner on Review. 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. Sellwood Lumber Co., Inc., an Oregon Corporation, Fifth-Party Plaintiff, v. Swanson Bros. Lumber Co., Inc., an Oregon corporation, Fifth-Party Defendant.

Supreme Court of Oregon.

May 26, 2016.


Attorney(s) appearing for the Case

Maureen Leonard , Portland, argued the cause and filed the briefs for petitioners on review/respondents on review Kevin and Mitzi Rains. With her on the briefs were Brian Whitehead , Salem, and J. Randolph Pickett , Portland.

Michael T. Garone , Schwabe Williamson & Wyatt P.C., Portland, argued the cause and filed the briefs for respondent on review/petitioner on review Weyerhaeuser Company. With him on the briefs were Sara Kobak , W. Michael Gillette , and Jordan R. Silk.

Thomas W. Brown , Cosgrave Vergeer Kester LLP, Portland, argued the cause and filed the briefs for third-party plaintiff/respondent on review Stayton Builders Mart, Inc. With him on the briefs was Julie A. Smith.

James N. Westwood , Stoel Rives LLP, Portland, filed the brief on behalf of amici curiae Washington Legal Foundation and Allied Educational Foundation.

Keith M. Garza , Oak Grove, filed the brief on behalf of amici curiae Associated Oregon Industries and Oregon Business Association.

Sharon A. Rudnick , Harrang Long Gary Rudnick P.C., Eugene, filed the brief on behalf of amici curiae Chamber of Commerce of the United States of America, NFIB Small Business Legal Center, American Tort Reform Association, and Coalition for Litigation Justice, Inc. With her on the brief were William F. Gary , Mark A. Behrens and Cary Silverman , Shook, Hardy & Bacon LLP, Washington, D.C.

Kathryn H. Clarke , Portland, filed the brief on behalf of amicus curiae Oregon Trial Lawyers Association.

Before Balmer, Chief Justice, and Kistler, Walters, Landau, Baldwin, Brewer, and Nakamoto, Justices.


This is an action brought by an injured construction worker and his wife. The injury occurred when a defective board broke. Plaintiffs Kevin Rains and Mitzi Rains obtained a judgment based on claims of strict products liability and loss of consortium, respectively, against both the retailer, Stayton Builders Mart (Stayton), and the manufacturer...

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