Oregon Rules of Civil Procedure – ORCP 4C

ORCP 4 C provides that personal jurisdiction lies “[i]n any action claiming injury to person or property within or without this state arising out of an act or omission within this state by the defendant.”  It is what happens in Oregon, not the situs of the injury, that provides the contact necessary for jurisdiction under this rule.  Marvel v. Pennington GMC, Inc., 98 Or App 612, 616, 780 P2d 760 (1989).  Jurisdiction was found under ORCP 4C in Marvel, where a Colorado defendant placed an ad for a truck  in an Oregon sales catalog, and in a telephone conversation promised plaintiff that the truck had certain characteristics which it did not actually have, resulting in injury to plaintiff in Colorado.  Economic loss is not “personal injury” or “injury to property” under this rule.  Portland Trailer & Equipment v. A-1 Freeman Moving, 166 Or App 651, 655, 5 P3d 604 (2000).