Caswell Ex Rel. Caswell v. Olympic Pipeline Co.

MEMORANDUM

Plaintiffs Robert and Lisa Caswell appeal the district court’s summary judgment orders that dismissed their product liability claims. The court ruled that the Caswells’ claims were barred by Oregon’s 8-year statute of repose. The Caswells also ask us to review the Washington state trial court’s order granting summary judgment to Olympic Pipeline Company on the same basis. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.

Like the district court, we apply Washington’s choice-of-law rules to decide whether Washington’s or Oregon’s substantive law applies. See Fields v. Legacy Health Sys., 413 F.3d 943 , 950-52 (9th Cir.2005). Also like the district court, we hold that Oregon had the most significant relationship to this action. At the time of injury, the Caswells were Oregon residents. Robert Caswell was injured in Oregon while working in Oregon for an Oregon employer. In Rice v. Dow Chemical Co., 124 Wash.2d 205 , 875 P.2d 1213, 1217-18 (1994), the Washington Supreme Court applied Oregon’s statute of repose in a scenario very similar to this one.

The Caswells also argue that the district court erred when it denied their request for further discovery…