OREGON Statute of Limitations Personal injury :: Lawyer accident

OREGON Statute of Limitations Personal injury

   2015 ORS § 12.110¹ Actions for certain injuries to person not arising on contract • action for overtime or premium pay • action for professional malpractice • effect of fraud or deceit • action for injuries to person arising from nuclear incident
January 3, 2017 – 07:09 pm
Of the Oregon Department

A defendants misrepresenta­tions cannot hesitate working of statute of limita­tions if, despite the representa­tions, plaintiff knew or need to have understood that she had a factor in ac­tion. Duncan v. Augter, 62 Or App 250, 661 P2d 83 (1983), Sup Ct review denied; see also 286 Or 723, 596 P2d 555 (1979)

Insurers advance pay­ments and waiver of statute of limita­tions would not develop responsibility to give notice of end of waiver duration and was not adequate to lull plaintiff into untrue sense of security to be able to estop de­fense of statute of limita­tions. Johnson v. Kentner, 71 Or App 61, 691 P2d 499 (1984), Sup Ct analysis rejected

Applica­tion of subsec­tion (4) of the sec­tion in mi­nor plaintiffs health malpractice ac­tion failed to break Article I, sec­tions 10 and 20 of Oregon Constitu­tion, nor Equal Protec­tion Clause of national Constitu­tion. Jones v. Salem Hospital, 93 Or App 252, 762 P2d 303 (1988), Sup Ct review rejected

Limita­tion of ac­tions for professional malpractice under this sec­tion will not bar ac­tion under ORS 30.275 (Notice of claim). OBrien v. State of Oregon, 104 Or App 1, 799 P2d 171 (1990)

Relevant statute of limita­tions for ac­tions under ORS 654.062 (Notice of violation to company by employee) is one-year period for processing illegal employ­ment rehearse claim. Raptopolous v. WS, Inc., 738 F. Supp. 394 (D. Or. 1990)

Presence of continuing length of treat­ment does not preserve reason for ac­tion for treat­ment events that are time-barred. Urbick v. Suburban healthcare Clinic, Inc., 141 Or App 452, 918 P2d 453 (1996), Sup Ct review denied

Running of limita­tion period commences when plaintiff knows or features explanation to know that some harm was sustained and cause of ac­tion is present, and even though level and information on damage might not be understood. Widing v. Schwabe, Williamson & Wyatt, 154 Or App 276, 961 P2d 889 (1998)

Injury to anyone

Two year statute of limita­tions was applicable to ac­tion looking for damages for emo­­tion­al tension and mental anguish allegedly inten­tionally inflicted. Davis v. Bostick, 282 Or 667, 580 P2d 544 (1978)

Where plaintiff did not offer either defendant (whose whereabouts were as yet not known) or Administrator of cars Division within two years after automobile accident, plaintiffs ac­tion was barred by two-year limita­tion under this sec­tion, despite three-year limita­tion supplied by [former] ORS 15.190 [bad link]. Peterson v. Day, 283 Or 353, 584 P2d 253 (1978)

Where animal meat wrapper brought ac­tion for permanent injuries due to polyvinyl chloride fumes from beef wrap machine, and there is no showing of widespread knowledge regarding perils of these fumes, statute couldn't start to operate until disease had been diagnosed by physician. Schiele v. Hobart Corp., 284 Or 483, 587 P2d 1010 (1978)

In rigid obligation ac­tion for per­sonal injuries, limita­tion period of this sec­tion wasn't tolled by ORS 12.150 (Suspension of working of statute by absence or concealment) where defendant international corpora­tion has been supported under [former] ORS 57.700 [bad link]. Santos v. The Flxible Co. Inc., 41 Or App 89, 597 P2d 373 (1979)

In wrongful death ac­tion allegedly resulting from medical malpractice, three-year wrongful death limita­tion under ORS 30.020 (activity for wrongful demise) applied instead of two-year health malpractice limita­tion under this sec­tion. Baxter v. Zeller, 42 Or App 873, 601 P2d 902 (1979), Sup Ct analysis rejected

In strict obligation ac­tion for damage due to insect­i­cide, in which grievance alleged that plaintiff-food packing plant employe commenced ac­tion within 2 yrs of development of reason behind real dilemmas and accidents, ac­tion was not barred by statute of limita­tions. Colvin v. FMC Corp., 43 Or App 709, 604 P2d 157 (1979)

Tolling pro­vi­sions of statute as a result of misleading representa­tion apply to careless or innocent misrepresenta­tion as long as misrepresenta­tion problems anything apart from correct overall performance of treat­ment creating foundation of grievance. Duncan v. Augter, 286 Or 723, 596 P2d 555 (1979)

Ac­tion for depriva­tion of civil-rights alleging harass­ment by regional govern­ment organizations ended up being controlled by two-year statute of limita­tions of Tort Claims Act. Kosikowski v. Bourne, 659 F2d 105 (1981)

In which Issue In healthcare Malpractice Ac­tion ended up being Running of Statute of Limita­tions, Plaintiff must have Discovered Existence of Cause of Ac­tion Upon recognizing

1) an injury; 2) that damage might be related to work of alleged tortfeasor; and 3) that act of alleged tortfeasor had been in some way neg­li­gent and failure to teach jury according to this standard had been mistake. Hoffman v. Rockey, 55 Or App 658, 639 P2d 1284 (1982), Sup Ct review denied

This sec­tion ended up being applicable to claim of union member against neighborhood for breach of their task of fair representa­tion. McNaughton v. Dillingham Corp., 707 F2d 1042 (1983)

Ac­tion for professional malpractice was time-barred in which plaintiff knew a lot more than a couple of years before commence­ment of ac­tion that he had been damaged and that defendants neglect ended up being cause of harm; understanding by plaintiff of extent of damages had been imma­te­ri­al in deciding when statute commences running. Godfrey v. Bick & Monte, 77 Or App 429, 713 P2d 655 (1986), Sup Ct analysis rejected

Claims for malpractice should not have now been dismissed though plaintiff didn't file ac­tion within 5-year limita­tion amount of this sec­tion. Skuffeeda v. St. Vincent Hospital, 77 Or App 477, 714 P2d 235 (1986), Sup Ct analysis rejected

Where plaintiffs had been damaged by solicitors neg­li­gent drafting of contract and knew above 24 months before commencing malpractice ac­tion that neglect had been cause of their particular damage, ac­tion was barred. Magnuson v. Lake, 78 Or App 620, 717 P2d 1216 (1986)

Dismissal of civil rights ac­tion for wrongful arrest ended up being appropriate in which both basic tort statute and Oregon Tort Claims Act statute give two-year limita­tions duration, though limita­tion of general tort statute need been applied. Davis v. Harvey, 789 F2d 1332 (1986)

Where plaintiff alleged injury from analysis of glaucoma and prescrip­tion of drug Timoptic in July, 1980, in ac­tion for health malpractice against physician, claiming he found supply of injury in November, 1984, malpractice ac­tion had been time barred by this sec­tion because grievance would not allege analysis or prescrip­tion of Timoptic after July, 1980. Cornell v. Merck & Co., 87 Or App 373, 742 P2d 667 (1987)

Ac­tion by plaintiff-tenant against landlord for injuries experienced in fall from typical stairway outside apart­ment building included common-law claim independent of leasing agree­ment and was prompt whenever filed under two-year limita­tion period of this sec­tion. Jones v. Bierek, 306 Or 42, 755 P2d 698 (1988)

Two-year statute of limita­tions began to operate whenever plaintiffs attorney had written page to defendant that demonstrated plaintiff had understanding or reason to learn that plaintiff had claim against defendant. McNeely v. Weyerhaeuser Co., 115 Or App 184, 837 P2d 546 (1992), Sup Ct review rejected

In which plaintiff noticed loss in experience in remaining supply after pro­ce­dure carried out in 1987 and had been guaranteed by defendant loss of feeling had been transitory complica­tion might endure from six months to 2 yrs, test judge erred in concluding, as case of law, malpractice ac­tion in 1990 was time barred. Gaston v. Parsons, 117 Or App 555, 844 P2d 941 (1993), affd 318 Or 247, 864 P2d 1319 (1994)

Source: www.oregonlaws.org
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