Sealey v. Hicks

The primary issue in this products liability case is whether ORS 30.905, the products liability statute of ultimate repose, violates either the Oregon Constitution or the Seventh or Fourteenth Amendments to the United States Constitution. A secondary issue concerns whether plaintiffs complaint alleges a negligent, continuing failure on the part of the manufacturer to warn of the products defective and dangerous condition. If the pleadings adequately allege such a theory, a question arises whether the time limit imposed by ORS 30.905(1) can be avoided by pleading a negligent continuing failure to warn consumers of such dangers. We hold that ORS 30.905 is constitutional under both constitutions. We further hold that plaintiffs allegations are insufficient to raise a theory of negligent, continuing failure to warn of a dangerous or defective product.