503 224 2165 info@msmlegal.com

Plaintiff had brought product liability claims against Dynacco and others, alleging plaintiff’s decedent died as a result of exposure to benzene-containing products, some of which were allegedly manufactured by Dynacco. The trial court dismissed all claims against Dynacco based on Oregon’s product liability statute of repose (ORS 30.905). Plaintiff appealed, arguing the statute of repose was unconstitutional under the Oregon Constitution’s Right to Remedy clause (Article I, Section 10) and Right to Jury clause (Article I, Section 17). On appeal, the Oregon Court of Appeals upheld the constitutionality of ORS 30.905 under both sections of the Oregon Constitution and affirmed the dismissal of Dynacco.

See link to Lunsford v. NCH Corp., et al., 271 Or App 564 (2015).