Commentary

Still A Compelling Message From A Compelling Woman
The lesson from Anne Kirkwood's car accident remains: Open our courthouse doors in liability cases to all citizens

4/12/99

Lawrence Baron

In March 1995, the Oregon Legislature passed a special law for a special woman.

In August 1994, Anne Kirkwood had been horribly burned when her vehicle was struck by a 1976 General Motors pickup truck with side-saddle gas tanks. An immediate explosion engulfed Kirkwood's vehicle.

Not only was Kirkwood burned, but her granddaughter next to her was consumed and her grandson in the back seat was burned.

At the time, G.M.'s side-saddle trucks had been estimated to have burned or killed hundreds of people nationally. An effort was under way to recall them.

However, in Oregon, Kirkwood had virtually no remedy or recourse against General Motors for the post-accident, special care she required. A law, known as the Statute of Repose, prevents Oregonians from holding manufacturers accountable for defective products, if the products are more than eight years old.

The truck that struck Kirkwood was 18 years old. Anne Kirkwood and her supporters began a campaign to change the law. The G.M. trucks did not become defective because of misuse or the passage of time. They were designed defectively from day one. Moreover, they were advertised to be built "like a rock."

The Oregon Legislature responded to Kirkwood's plight, stood up to the mega corporation and amended Oregon's Statute of Repose. The Legislature did the right thing in 1995, but it did not go far enough: The Legislature refused to abolish the Statute of Repose, supporting only a narrow exception for cases involving G.M. side-saddle trucks. On three other occasions Oregon lawmakers passed similar narrow exceptions: for victims of asbestos, I.U.D.s and breast implants. It is an unreasonable burden that Oregonians should have to petition the Legislature every time they are injured by defective equipment more than eight years old. Only six other states have similarly restrictive statutes.

This session, the Legislature has a chance to open the courthouse doors. Proposed legislation would allow the useful life of a product to be considered in injury cases involving defective products. The existing eight-year limit would remain in place, but the injured person would have the opportunity to prove the product has a longer useful life. Without the proposed change in law, Oregonians will remain at the mercy of dangerous and defective products. Individuals will have no recourse for their injuries incurred when they use older poorly made vehicles, power tools and various machinery.

Anne Kirkwood continues to struggle with her injuries. She has had 30 surgeries. However, because of a special exception to Oregon law, she had her day in court. The Legislature did the right thing for Anne Kirkwood four years ago. Today, lawmakers have before them House Bill 2311, the useful life proposal. Its passage would do the right thing for all Oregonians.