PROVIDENCE HEALTH SYSTEM v. BROWN

No. SC S070082.

372 Or. 225 (2024)

PROVIDENCE HEALTH SYSTEM — OREGON, Petitioner on Review, v. Thomas BROWN, Respondent on Review, and Maria Del Carmen Espindola GOMEZ, Respondent on Review.

Supreme Court of Oregon, En Banc.

May 2, 2024.


Attorney(s) appearing for the Case

David R. Fine , K&L Gates LLP, Harrisburg, Pennsylvania, argued the cause and filed the briefs for petitioner on review. Also on the briefs were Elizabeth H. White , K&L Gates, LLP, Portland, and Robert B. Mitchell , K&L Gates, LLP, Seattle, Washington.

Travis Eiva , Eiva Law, Eugene, argued the cause and filed the brief for respondents on review.

Hillary A. Taylor, Keating Jones Hughes, P.C., Portland, filed the brief for amicus curiae Oregon Association of Hospitals and Health Systems.

Keith J. Bauer, Parks, Bauer, Sime, Winkler & Walker, LLP, Portland, filed the brief for amicus curiae Salem Health Hospitals & Clinics. Also on the brief was Michael Walker.

Shayna M. Rogers, Cosgrave Vergeer Kester, LLP, Portland, filed the brief for amici curiae Oregon Medical Association and American Medical Association.

David W. Cramer, MB Law Group, LLP, Portland, filed the brief for amicus curiae Oregon Association of Defense Counsel.

Sage R. Vanden Heuvel, Quinn Emanuel Urquhart & Sullivan, LLP, Los Angeles, CA, filed the brief for amici curiae The Chamber of Commerce of the United States of America and The Oregon Liability Reform Coalition.

Kristi Gifford, Callahan Law Office, Milwaukie, filed the brief for amicus curiae Oregon Trial Lawyers Association. Also on the brief was Kirc Emerson, Richardson Wang, LLP, Portland.


FLYNN, C.J.

The decision of the Court of Appeals is affirmed. The judgment of the trial court is reversed, and the case is remanded to the trial court for further proceedings.

The Oregon legislature long ago codified a rule of strict product liability that applies to "[o]ne who sells" an unreasonably dangerous, defective...

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