Thompson v. Communications Technology, Inc.

877 F.2d 27 Prod.Liab.Rep.(CCH)P 12,161 Mary Ellen THOMPSON, Personal Representative of the Estate of Michael Glen Thompson, deceased, Plaintiff-Appellee, v. COMMUNICATIONS TECHNOLOGY, INC. (CTI), Defendant-Appellant. No. 88-3759. United States Court of Appeals, Ninth Circuit. Argued and Submitted March 6, 1989. Decided June 8, 1989. M. Elizabeth Duncan and John R. Faust, Schwabe, Williamson and Wyatt, Portland, Or., for defendant-appellant. John Hilts, Medford, Or., for plaintiff-appellee. Appeal from the United States District Court for the District of Oregon. Before CANBY, THOMPSON and LEAVY, Circuit Judges. LEAVY, Circuit Judge: 1 In this interlocutory appeal we exercise jurisdiction under 28 U.S.C. Sec. 1292 (b) to decide whether a wrongful death product liability action is governed by the three-year limitations period of Oregon's wrongful death statute, ORS 30.020(1), or by the two-year limitations period of Oregon's Products Liability Act, ORS 30.905(2). 2 Oregon's wrongful death statute, the application of which is urged by the plaintiff, provides in relevant part: 3 Action for wrongful death; when commenced; damages. (1) When the death of a person is caused by the…