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RAINS v. STAYTON BUILDERS MART, INC.

A145916.

410 P.3d 336 (2018)

289 Or. App. 672

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. Sellwood 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.

Argued on remand April 20, 2017.

January 4, 2018.

Attorney(s) appearing for the Case

Michael T. Stone , Hillsboro, argued the cause and filed the briefs for appellant. Sara Kobak , Michael T. Garone , W. Michael Gillette , and Schwabe Williamson & Wyatt P.C., filed the supplemental brief.

Maureen Leonard argued the cause for respondents Kevin and Mitzi Rains. With her on the briefs 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.

Susan D. Marmaduke , Sharon A. Rudnick , Nathan R. Morales , and Harrang Long Gary Rudnick P.C., filed the supplemental brief amicus curiae for Oregon Liability Reform Coalition and Associated Oregon Industries.

Nadia H. Dahab , Kathryn H. Clarke , and Stoll Stoll Berne Lokting & Shlachter PC, filed the supplemental brief amicus curiae for Oregon Trial Lawyers Association.

Before Ortega, Presiding Judge, and Egan, Chief Judge, and Garrett, Judge.

On remand from the Supreme Court, we are tasked with reconsidering whether, in light of Horton v. OHSU, 359 Or. 168, 376 P.3d 998 (2016), the $500,000 statutory cap on noneconomic damages in ORS 31.710(1) is unconstitutional when applied...

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