DeLay v. Marathon LeTourneau Sales & Service Co.

The issue is whether a statute of ultimate repose is tolled by the plaintiffs insanity.

Plaintiff brought this action for injuries incurred when he fell from a log stacker manufactured and sold by the defendants. Plaintiff contends the stacker was defective. The trial court entered judgment for defendants after granting their motion for summary judgment on the ground that the statute of ultimate repose barred the plaintiff from maintaining this action. The Court of Appeals affirmed. 48 Or App 811, 617 P2d 11 (1980). We granted review and we affirm.

The stacker was manufactured and sold in 1968.…