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DeLAY v. MARATHON LeTOURNEAU SALES & SERVICE

No. A7811, 18426; CA 15905; SC 27422.

630 P.2d 836 (1981)

291 Or. 310

Wesley E. DeLay, by His Guardian Ad Litem, Norma DeLay, Petitioner, v. MARATHON LeTourneau SALES and SERVICE Company, an Oregon Corporation; Marathon Manufacturing Company, a Delaware Corporation; and Marathon LeTourneau Company, a Delaware Corporation, Respondents.

Supreme Court of Oregon.

Decided July 8, 1981.

Attorney(s) appearing for the Case

Bernard Jolles, Portland, argued the cause for petitioner. With him on the briefs was Jolles, Sokol, Bernstein & Aitchison, P.C., Portland.

Paul R. Duden, Portland, argued the cause for respondents. With him on the brief was Tooze, Kerr, Marshall & Shenker, Portland.

Before DENECKE, C.J., and TONGUE, LENT, LINDE, TANZER and CAMPBELL, JJ.

DENECKE, Chief Justice.

The issue is whether a statute of ultimate repose is tolled by the plaintiff's insanity.

Plaintiff brought this action for injuries incurred when he fell from a log stacker manufactured and sold by the defendants. Plaintiff contends the stacker was defective. The trial court entered judgment for defendants after granting their motion for summary judgment on the ground that the statute of ultimate repose barred the plaintiff from maintaining...

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