City of Medford v. Budge-McHugh Supply Co.

In this product liability action, City of Medford, appeals from the trial court’s dismissal of its complaint against American Brass and Iron Foundry (defendant).1 It assigns error to the trial court’s holdings that its negligence and strict liability claims were time barred under ORS 30.905 and that it failed to state ultimate facts sufficient to constitute a claim for strict liability. We address the assignments in the order presented.

Plaintiffs claims stem from its 1972 purchase of polybutylene pipe used in its underground water system. The complaint was filed in 1986. Plaintiff concedes…