McDonald v. Sun Oil Co.

STROM, District Judge:

Thomas McDonald, Marian McDonald and Alex McDonald appeal from the district court’s grant of summary judgment in favor of Sun Oil Company, Sunoco, Inc. and Cordero Mining Company (collectively, “Sun”). The McDonalds sued Sun for, among other things, negligence, contribution, breach of contract and fraud. Each of these claims arose out of an alleged oral warranty that certain crushed rock at the Horse Heaven Mine Property (“Horse Heaven”), a disused mercury mine, was free of mercury. The district court held that Oregon’s statute of repose barred the McDonalds’ negligence…