Akins v. Bucyrus-Erie Co.

In this product liability action, the trial court granted a summary judgment, ORCP 47B, to Bucyrus-Erie Company (defendant) on the ground that plaintiffs claim arose after the expiration of the eight-year period of ultimate repose. ORS 30.905. Plaintiff appeals, and we reverse.

As the moving party, defendant must show that there are no genuine issues of fact and that it is entitled to judgment as a matter of law. We view the evidence in the light most favorable to plaintiff. ORCP 47C; Moore v. Mutual of Enumclaw Ins. Co., 113 Or App 574, 577, 833 P2d 1310 (1992).

In late 1980, Westate Tractor…