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Bell v. Tri-Met

Summarized by: 

Date Filed: 01-25-2012
Case #: A145225
Haselton, P.J. for the court; Armstrong, J.; Duncan, J.
Full Text Opinion: http://www.publications.ojd.state.or.us/A145225.pdf

Civil Procedure: In an action for a personal injury brought against a public entity after a decedent's death, a two-year statute of limitations applies.

Decedent, represented by General Bell (Plaintiff), alleged personal injuries while exiting from a bus operated by TriMet (Defendant); decedent died from unrelated causes. More than two year later, Plaintiff filed a complaint seeking damages for injuries. The trial court held that the two year statute of limitations was controlling and dismissed the case. Plaintiff contended on appeal that the manner of death of the injured party extended the two-year period; and argued that due to the decedent's failure to commence an action prior to his death, the three-year limitation was applicable. The Court found that the two-year statute of limitations precluded the application of the desired three-year limitation because the one year extension is only applicable if the action is brought within a year of the decedents death. Affirmed.