Hurt v. MIDREX DIVISION OF MIDLAND ROSS CORP.

This is an action at law for damages alleged to have been caused by an intentional trespass to plaintiffs’ automobiles. It was filed as a class action. The circuit court certified it as such but then, as a result of its interpretation of our decision in Bernard v. First Nat’l. Bank, 275 Or 145, 550 P2d 1203 (1976), reconsidered the matter and held that it could not so proceed. Plaintiffs applied for permission to file an interlocutory appeal on the issue to this court, as provided by ORS 13.400, which permission was granted.

Defendants operate iron ore reduction plants and provide a parking…