United States District Court, D. Oregon
NATIONAL INTERSTATE INSURANCE, as subrogee of George's Shop and Rock Vale Oregon, Plaintiff,
BEALL CORPORATION, an Oregon, Corporation; and HENDRICKSON USA, LLC, Defendants.
Eric D. Virshbo, Melanie E. Rose, MacMillan Scholz & Marks, PC, Portland, OR, Attorneys for Plaintiff.
Nicholas Wheeler, Daniel Peterson, Jeremy James, Cosgrave Vergeer Kester, LLP, Portland, OR, Attorneys for Defendant Beall Corp.
Philip Rush, John Knottnerus, Thomas Purcell, Martin Bischoff Templeton Langslet & Hoffman, Portland, OR, Attorneys for Defendant Hendrickson USA, LLC.
FINDINGS AND RECOMMENDATION AND ORDER
JOHN JELDERKS, Magistrate Judge.
Plaintiff brings this subrogation action against Defendants for damages arising out of a tractor-trailer wreck. Defendant Beall moved to dismiss Plaintiff's Complaint as time-barred and Defendant Hendrickson moved to join that motion. The Court concludes the record is sufficiently developed that oral argument is not necessary. For the reasons set forth below, Defendant Hendrickson's motion for joinder is granted and the Defendants' motion to dismiss should be granted.
The following facts are taken from Plaintiff's Complaint and, for purposes of the pending motion to dismiss, are accepted by the Court as true
Plaintiff is an insurer and a subrogee of George's Shop and Rock Vale Oregon (George's). Defendant Beall designed, manufactured, and sold to George's a 2010 Belly Dump trailer, identified by George's as trailer T1229. Trailer T1229 was equipped with a steerable lift axle that was manufactured and distributed by Defendant Hendrickson.
On July 5, 2011, a George's employee was driving a Kenworth truck to which trailer T1229 was attached. As Plaintiff was driving, the front steerable lift axle of the trailer failed causing the truck and trailer to go off the road. As a result of the incident, Plaintiff suffered property damage including the cost to repair the trailer, the loss of the tractor and the cost of the replacement trailer.
Plaintiff brings six claims.
Plaintiff's First Claim alleges that Defendant Beall is strictly liable for designing, manufacturing, distributing, testing, inspecting, and placing in the stream of commerce in an unreasonably dangerous condition for its intended use a 2010 Belly Dump Trailer, identified as trailer T1229. Plaintiff also alleges that Defendant Beall sold trailer T1229 without adequate warning to consumers and users and caused spoliation of the steerable lift axle and components.
Plaintiff's Second Claim alleges that Defendant Beall carelessly and negligently designed, tested, manufactured, assembled, engineered, labeled, marketed, distributed, and sold trailer T1229 and carelessly and negligently failed to give adequate warning to purchasers and users of the trailer. Plaintiff also alleges that Defendant Beall destroyed the steerable lift axle in its possession.
Plaintiff's Third Claim alleges that Defendant Hendrickson is strictly liable for designing, manufacturing, distributing, testing, inspecting, and placing in the stream of commerce in an unreasonably dangerous condition for its intended use the steerable lift axle of trailer T1229. Plaintiff also alleges that Defendant Hendrickson sold the steerable lift axle without ...