- Court: Oregon Court of Appeals
- Area(s) of Law: Civil Procedure
- Date Filed: 07-22-2015
- Case #: A154384
- Judge(s)/Court Below: Tookey, J. For the Court; Armstrong, P.J.; Nakamoto, J.
- Full Text Opinion
Plaintiff appealed the trial court's summary judgment stating that Plaintiff had failed to timely file her claim. The trial court agreed with Defendant that there was an overwhelming amount evidence to prove that Plaintiff knew of the negligence, and that the two year statute of limitation applied in this case. Plaintiff argued on appeal that she did not know of the negligence until 2009, allowing an amended version of the statute to control. However, the Court concluded that no reasonable fact finder could find the negligence was discovered after 2007. However, the Court concluded that the statute of limitation was tolled because Plaintiff's cause of action fell under ORS 12.110(4), which allowed for the time limited to be tolled for five years when a person is under 18 years of age. The Court concluded this despite Defendants argument that ORS 30.275(9) was controlling. Reverse and Remanded.