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ERICKSON AIR-CRANE v. UNITED TECH. CORP.

A8305-03355; A34839; S33021.

735 P.2d 614 (1987)

303 Or. 281

ERICKSON AIR-CRANE Company, Petitioner On Review, v. UNITED TECHNOLOGIES CORPORATION, Respondent On Review. United Technologies Corporation, Third-Party Plaintiff/Appellant, v. Silver Grizzly Timber Company, Ltd., Third-Party Defendant/Respondent.

Supreme Court of Oregon.

Decided April 21, 1987.

On Reconsideration May 27, 1987.

Attorney(s) appearing for the Case

Arden E. Shenker, of Tooze, Marshall, Shenker, Holloway & Duden, Portland, and Thomas J. Whalen, of Condon & Forsyth, New York, argued the cause for petitioner on review. With Arden E. Shenker on the petition was Stephen J. Fearon, of Condon & Forsyth, New York.

Jonathan M. Hoffman, of Martin, Bischoff, Templeton, Biggs & Ericsson, Portland, argued the cause for respondent on review. With him on the response were Joan L. Volpert and Stephanie L. Striffler, of Martin, Bischoff, Templeton, Biggs & Ericsson, Portland.

E. Richard Bodyfelt, Robert K. Stroup and Peter R. Chamberlain, of Bodyfelt, Mount, Stroup & Chamberlain, Portland, filed a brief amicus curiae on behalf of Oregon Association of Defense Counsel.

Arthur C. Johnson and Mike Ellickson, of Johnson, Quinn, Clifton & Larson, P.C., Eugene, filed a brief amicus curiae on behalf of Oregon Trial Lawyers Association.

Before LENT, P.J., and LINDE, CAMPBELL, CARSON, JONES and GILLETTE, JJ.

On Reconsideration May 27, 1987. See 736 P.2d 1023.

GILLETTE, Justice.

This is a negligence action resulting from a 1981 accident allegedly caused by a manufacturer's advice given in 1977 involving a product purchased in 1971. The issue is whether this action is governed (and, consequently, barred) by the eight-year limitation period provided by ORS 30.905(1) for product liability civil actions or, instead, is governed by...

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