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Significant Change – “Bystander Rule” Adopted in Oregon

By: Skip Winters

The Oregon Supreme Court again significantly changed Oregon law in the case Philibert v. Kluser where it held that Oregon will now follow the “bystander rule” in cases where plaintiffs seek to recover damages for emotional trauma caused by witnessing serious bodily injury to a loved one. In doing so, the Court rejected the former rule in Oregon – the “impact rule”- which required those seeking compensation for emotional distress to have also suffered a physical injury.… Read more

Oregon Supreme Court Holds Statute of Limitations for Negligent Construction Claims Is Two Years After Claim Accrues

By: Jamison McCune

In Goodwin v. Kingsmen Plastering, Inc., 359 Or 694, 375 P.3d 463 (June 16, 2016), the Oregon Supreme Court held that negligence claims for construction defects are subject to a two-year statute of limitations, with a discovery rule. Since the Oregon Supreme Court’s decision in Abraham v. T. Henry Construction, Inc., 350 Or 29, 249 P.3d 534 (2011), Oregon trial courts applied three different limitation periods: (1) two years with a discovery rule; (2) six years; or (3) six years with a discovery rule. Read more

Asbestos Litigation Update: Oregon Court of Appeals Kills “Bare Metal” Defense

By: Kristen Stedman

The Oregon Court of Appeals decided that the “bare metal” defense is not valid in Oregon. McKenzie v. A.W. Chesterson Co., 277 Or. App. 728 (2016).  Defendant manufacturers and sellers can no longer avoid liability by blaming an individual’s asbestos exposure on the manufacturer of defendant’s product’s component parts. Defendant manufacturers now affirmatively have a duty to warn of the danger of asbestos with respect to component parts installed on its product.… Read more

Court Orders Production of Entire Facebook Account in Personal Injury Case

By: Jamison McCune

In Rhone v. Schneider National Carriers, Inc., 2016 U.S. Dist. LEXIS 53346 (E.D. Mo. April 21, 2016), a federal court ordered the plaintiff to produce the “Download Your Info” file from her Facebook account. The “Download Your Info” report includes all of the user’s timeline, posts, messages, and photos in one file.… Read more

Contractual Fee Claims: Deploy with Caution

By: Jason Gardner

On May 18, 2016, the Oregon Court of Appeals upheld a large award of defense attorney fees following a lengthy construction defect trial in which the defendant general contractor prevailed outright. In The Village At North Pointe Condominiums Association v. Bloedel Construction, et. al., 278 Or App 354 (2016), plaintiff, a condominium association, sued Bloedel Construction, a general contractor, related to alleged defective construction work performed by Bloedel and other contractors.… Read more