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Casey v. Manson Construction & Engineering Co. and Osberg Construction Co.

Oregon Supreme Court

247 Or. 274, 428 P.2d 898 (1967)

Facts

Mrs. Casey (plaintiff), a citizen of Oregon, sought recovery from Mason Construction & Engineering (Mason) and Osberg Construction Co. (Osberg) (defendants) in an Oregon state court for loss of consortium she sustained when her husband was injured while working as a business invitee in Washington on Mason and Osberg’s access road, which was negligently constructed and maintained. Mason and Osberg were Washington companies that did business in Oregon. Washington law did not recognize a wife’s claim for the loss of her husband’s consortium. An Oregon statute conferred a wife’s right to file an action for the loss of her husband’s consortium. The Oregon trial court applied Washington law and dismissed Mrs. Casey’s claim. Mrs. Casey appealed.

Rule of Law

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Issue

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Holding and Reasoning (Lusk, J.)

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Concurrence (Holman, J.)

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