Court of Appeals Court

Obsolete Statute Sufficient to Support Plaintiffs’ Victory

Court of Appeals of Oregon, October 5, 2022

Plaintiffs, Donald Miller and his wife Linda Miller (hereinafter “plaintiffs”), asserted claims of negligence, strict product liability, and loss of consortium based on Donald’s exposure to an asbestos-containing construction product sold by Kaiser Gypsum Company, Inc. (hereinafter “Kaiser”) in the 1960s.  At the time of trial, Kaiser was the only defendant remaining.  The jury returned a verdict in plaintiffs’ favor on all three claims and required Kaiser to pay $5,233,618 in damages to plaintiffs.  Kaiser appealed and …

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