|CALENDAR STATUS: Active|
|Eclectic Investment, LLC v. Richard Patterson|
|Supreme Court Case 3|
|Michael Jewett on behalf of Jackson County|
James A. Wallan on behalf of Byron McAllister, Jr.
Statement of Issues:
| Cross-claim plaintiff Jackson County has been granted review of a Court of Appeals decision that affirmed a judgment in favor of cross-claim defendant Byron McAllister, Jr., dba Greater Crater Construction Company, on Jackson County's indemnity action for litigation expenses incurred by the county in defending itself against a negligence action brought by plaintiff Eclectic Investment, LLC.|
On review, the issues are:
(1) If a contractor negligently created a physical hazard that damaged
another, must the contractor indemnify a municipality for the cost of litigation if the municipality inspected the finished work and negligently issued a permit without making the contractor fix the hazard?
(2) Has the Supreme Court overruled Astoria v. Astoria & Columbia River R. Co., 67 Or 538, 136 P 645 (1913)?
The foregoing summary of a Supreme Court case that is scheduled for oral argument has been prepared for the benefit of the public. Parties and practitioners should rely on neither the factual summary set out above, nor the statement of issues to be decided, as delineating the questions that the Supreme Court ultimately may consider on review. See generally Oregon Rule of Appellate Procedure 9.20.
Justice(s) NOT Participating: