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JUAREZ v. WINDSOR ROCK PRODUCTS, INC.

(CC 03C15394; CA A123073; SC S52352).

144 P.3d 211 (2006)

Ronald JUAREZ, individually and as personal representative of the Estate of Felix Juarez, Dondi Juarez, individually; and Altagracia Renteiria, individually, Petitioners on Review, v. WINDSOR ROCK PRODUCTS, INC., an Oregon corporation, Respondent on Review.

Supreme Court of Oregon, En Banc.

Decided July 14, 2006.

Attorney(s) appearing for the Case

Meagan A. Flynn of Preston Bunnell & Flynn, LLP, Portland, argued the case and filed the briefs for petitioners on review.

Bruce H. Orr of Meyer & Wyse LLP, Portland, argued the cause and filed the briefs for respondent on review. With him on the briefs were James E. Bartels and Steven J. Kuhn.

Judy C. Lucas, Assistant Attorney General, Salem, filed a brief on behalf of amicus curiae State of Oregon. With her on the brief was Hardy Myers, Attorney General, and Mary H. Williams, Solicitor General.

Lindsey H. Hughes of Keating Jones Bildstein & Hughes, PC, Portland, and Janet M. Schroer of Hoffman Hart & Wagner, LLP, Portland, filed a brief on behalf of amicus curiae Oregon Association of Defense Counsel.

DURHAM, J.

The plaintiffs in this tort case ask this court to determine "[w]hether the negligent infliction of harm great enough to cause death is an injury for which the Oregon Constitution guarantees a remedy." In our view, the primary issue in this case is much narrower. We must decide whether these plaintiffs have alleged a claim that the remedy clause of Article I, section 10, of the Oregon Constitution, protects. For the reasons outlined below, we hold...

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