- Court: Oregon Court of Appeals
- Area(s) of Law: Elder Law
- Date Filed: 06-03-2015
- Case #: A154902
- Judge(s)/Court Below: Flynn, J. for the Court; Duncan, P.J.; & Lagesen, J.
- Full Text Opinion
Lunsford filed a wrongful death action as the personal representative of the estate of Rodney Lunsford (decedent) against Dynacco, Inc. The decedent used a product manufactured by Dynacco once a month from the mid-1990s until he was diagnosed with Acute Myelogenous Leukemia (ALM) which is caused by "unreasonably dangerous benzene-containing products." The trial court granted a dismissal under ORCP 21 A(9) because the action was not filed within ten years of sale of the product as required under ORS 30.905(3)(b). Lunsford argued that ORS 30.905(3)(b) violates the remedy clause. The Court holds that wrongful death actions are not included in the remedy clause because they were not recognized by the common law in 1857. Affirmed on appeal; cross-appeal dismissed as moot.