Bocci v. Key Pharmaceuticals, Inc.

Filed: April 19, 2001

IN THE SUPREME COURT OF THE STATE OF OREGON

PAUL R. BOCCI, JR.,
guardian ad litem for
PAUL R. BOCCI, III,
an incapacitated individual,

Plaintiff,

v.

KEY PHARMACEUTICALS, INC.,
a foreign corporation,
SCHERING-PLOUGH CORPORATION,
a foreign corporation,
and SCHERING CORPORATION,
a foreign corporation,

Defendants,

and

MILES, INC.,
an Indiana corporation,
MILES, INC., PHARMACEUTICAL DIVISION,
an Indiana corporation,
LEGACY HEALTH SYSTEM,
an Oregon corporation,
LEGACY IMMEDIATE CARE CLINIC,
FREDERICK D. EDWARDS, M.D.,
and THE EUGENE CLINIC,
a partnership,

Defendants.

_________________________________________________________________

FREDERICK D. EDWARDS, M.D.,

Respondent on Review,

v.

KEY PHARMACEUTICALS, INC.,
a foreign corporation,
SCHERING-PLOUGH CORPORATION,
a foreign corporation,
and SCHERING CORPORATION,
a foreign corporation,

Petitioners on Review.

(CC A9210-07050; CA A86556; SC S46461)

On petition for review filed May 18, 1999.*

William F. Gary, Stanton F. Long, Sharon A. Rudnick, James E. Mountain, Jr., and Judith Giers, of Harrang Long Gary Rudnick P.C, Eugene, filed the petition for petitioners on review.

Margaret A. Sundberg and Mary H. Spillane, of Williams, Kastner & Gobbs PLLC, Seattle, Washington, filed the response for respondent on review. With them on the response were Daniel M. Holland and Ronald B. Terzenbach, of Loomis & Holland, Eugene.

Before Carson, Chief Justice, and Gillette, Durham, Kulongoski, Leeson, and De Muniz, Justices.**

MEMORANDUM OPINION

The petition for review is allowed. The decision of the Court of Appeals is vacated. The case is remanded to the Court of Appeals for further consideration in light of Parrott v. Carr Chevrolet, Inc., 331 Or 537, ___ P3d ___ (2001).

* Appeal from Multnomah County Circuit Court, William C. Snouffer, Judge. 158 Or App 521, 974 P2d 758 (1999).

** Riggs, J., did not participate in the consideration or decision of this case.