Brokenshire v. Rivas and Rivas, Ltd.

MEMORANDUM OPINION

This is a strict products liability case. We allowed review to consider whether the trial court properly denied defendant’s motion for a directed verdict.

In the Court of Appeals, defendant argued, inter alia, that it had provided a service, not a product, and, therefore, that plaintiff had no claim under ORS 30.920. 1 Plaintiff responded that defendant never had argued at trial that it had provided a service rather than a product and, therefore, that the issue had not been preserved for appeal.

A majority of the Court of Appeals’ panel concluded that the issue had been…