This section contains the nature of the case and procedural background.

The summer of 1975 saw a high incidence of severe intestinal illness among employees of Crater Lake Lodge and visitors. Raw sewage overflowed into the water supply. The park and lodge were closed for the season by federal authorities. Seventy-six persons, through common counsel, initiated a class action. The circuit court refused to certify the class. Ps then filed individual actions and moved to consolidate the cases for trial on the issue of liability. The trial court denied the motion to consolidate. Ps signed an agreement which provided, among other things, that any punitive damages recovered by members of the group would be prorated and divided among all of them. The first case went to trial, and P got the verdict for compensatory and punitive damages. The court then entered an order that would eliminate any possibility of punitive damage recovery in the remaining 75 cases. Ps filed a writ of mandate.

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