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Products Liability Keyed to Fischer, 6th Ed.
Two Two v. Fujitec America, Inc.
Citation:
355 Or. 319, 325 P.3d 707 (2014)Facts
Plaintiffs Linda Two Two and Patricia Fodge were injured in separate incidents in 2008 when an elevator in their workplace dropped unexpectedly and stopped abruptly. They filed negligence and strict liability claims against Fujitec America, which had contracted with the federal government to modernize and maintain the elevator systems in the building. Fujitec moved for summary judgment, arguing it had properly performed its modernization and maintenance work, was not in possession of the elevator after December 31, 2007, and that elevators can drop through no fault of anyone. For the strict liability claim, Fujitec argued it had not manufactured the elevator or its components, but merely installed parts manufactured and supplied by others as specified by the government. Plaintiffs opposed the motion with an ORCP 47 E affidavit stating they had retained an expert who would testify that Fujitec was negligent in its service and maintenance of the elevators and that the expert had “rendered an opinion or provided facts which, if revealed by affidavit or declaration, would be a sufficient basis for denying the motion for summary judgment.”
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